MATTER OF ALTOBELLI v. ALLINGER TEMPORARY SERVICES, INC.


70 A.D.3d 1083 (2010)

895 N.Y.S.2d 553

In the Matter of the Claim of ROB ALTOBELLI, Respondent, v. ALLINGER TEMPORARY SERVICES, INC., et al., Appellants, and CALVARY DESIGN TEAM, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 4, 2010.


Claimant sustained a non-work-related back injury that required that he undergo surgery in 1989. He subsequently became employed as a manual laborer and worked without disability or restrictions until October 2001 when he reinjured his back carrying drywall while working for Allinger Temporary Services, Inc. The incident led to a second surgery and resulted in an established workers' compensation claim. Although he returned to work after that surgery, claimant sustained another...

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