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MATTER OF RONDON v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

507128.

82 A.D.3d 1368 (2011)

918 N.Y.S.2d 386

In the Matter of the Claim of MONIQUE RONDON, Claimant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 10, 2011.

GARRY, J.

Claimant, a bus driver, was injured in 2007 when a passenger struck her. She testified that she did not work in any capacity from January to August 2007 and, as such, workers' compensation benefits were awarded for that period. The self-insured employer thereafter sought to disqualify claimant from receiving benefits pursuant to Workers' Compensation Law § 114-a, asserting that it had evidence demonstrating that she had worked during that period. The...

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