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MATTER OF POULTON v. MARTEC INDUSTRIES

508987.

75 A.D.3d 819 (2010)

904 N.Y.S.2d 573

In the Matter of the Claim of DAVID POULTON, Respondent, v. MARTEC INDUSTRIES et al., Appellants, and GRIFFIN MANUFACTURING COMPANY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 8, 2010.

Mercure, J.

Claimant, a laborer employed by Martec Industries, applied for workers' compensation benefits alleging that he injured his back lifting materials at work on June 7, 2006. Inasmuch as claimant had sustained back injuries in 1998 and 2000 while working for a prior employer,1 Martec and its workers' compensation carrier controverted the claim. Following hearings, a workers' compensation law judge awarded claimant benefits, concluding...

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