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MATTER OF RODRIGUEZ v. REICON GROUP, LLC

508273.

77 A.D.3d 1105 (2010)

909 N.Y.S.2d 579

In the Matter of the Claim of MANUEL A. RODRIGUEZ, Respondent, v. REICON GROUP, LLC, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 21, 2010.

PETERS, J.

Claimant, a dock builder, was injured when he slipped while stepping from a pier onto a barge. He thereafter applied for benefits under the Workers' Compensation Law. At a hearing, the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) indicated that claimant had been receiving payments under the Longshore and Harbor Workers' Compensation Act (33 USC § 901 et seq. [hereinafter LHWCA]) and asserted...

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