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MATTER OF THOMPSON v. WILTSIE CONSTRUCTION COMPANY, INC.

507838.

72 A.D.3d 1373 (2010)

898 N.Y.S.2d 739

In the Matter of the Claim of WILLIAM THOMPSON, Respondent, v. WILTSIE CONSTRUCTION COMPANY, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 22, 2010.

Kavanagh, J.

Claimant, a boilermaker, sought workers' compensation benefits after injuring both of his feet in a fall that occurred during the course of his employment on May 17, 2008. The employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) controverted the claim because a urine sample taken from claimant approximately 18 hours after the incident revealed the presence of an abnormally high level of marihuana metabolites...

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