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IN THE MATTER OF PAVONE v. ADVANCE AUTO PARTS

508833.

79 A.D.3d 1385 (2010)

912 N.Y.S.2d 771

In the Matter of the Claim of JAMES PAVONE, Respondent, v. ADVANCE AUTO PARTS et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 16, 2010.

MALONE Jr., J.

Claimant filed a claim for workers' compensation benefits, alleging that he had sustained a back injury as a result of lifting and loading automobile parts and supplies while working as a delivery person for the employer. The employer's workers' compensation carrier disputed the claim and, following a hearing, a workers' compensation law judge disallowed the claim. The Workers' Compensation Board reversed that decision, and this appeal ensued.

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