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MATTER OF PANARELLA v. JP HOGAN CORING & SAWING CORPORATION

509872.

78 A.D.3d 1470 (2010)

911 N.Y.S.2d 502

In the Matter of the Claim of CHRISTOPHER PANARELLA, Respondent, v. JP HOGAN CORING & SAWING CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 24, 2010.

SPAIN, J.

Claimant, a mechanic and operating engineer, was instructed by his supervisor to report to work at 5:00 A.M. in order to expedite the delivery of a piece of equipment to a customer's work site. Upon arriving at 5:00 A.M., claimant discovered that the gates to the equipment yard were locked and he could not locate the person in charge of opening the gates. At this point, claimant contacted his supervisor by telephone and informed him of the situation. His...

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