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MATTER OF EPP v. CORTLAND CITY DPW

505797

69 A.D.3d 989 (2010)

891 N.Y.S.2d 726

2010 NY Slip Op 28

In the Matter of the Claim of ROBERT C. EPP, Respondent, v. CORTLAND CITY DPW et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 7, 2010.

Cardona, P.J.

Claimant, a heavy equipment operator, allegedly injured his right knee while raking blacktop on July 31, 2006 and filed a claim for workers' compensation benefits. Following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) continued the case pending the deposition of claimant's treating physician, Linda Martin, which the parties were directed to complete and submit by May 18, 2007. The employer encountered difficulties in procuring Martin...

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