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MATTER OF CHOTO v. CONSOLIDATED LUMBER TRANSPORT, INC.

507545.

82 A.D.3d 1369 (2011)

918 N.Y.S.2d 268

In the Matter of the Claim of ANGEL CHOTO, Respondent, v. CONSOLIDATED LUMBER TRANSPORT, INC., Appellant, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 10, 2011.

EGAN Jr., J.

Claimant, the owner-operator of a truck and trailer, fell off the top of a loaded flatbed trailer in April 2006, striking the concrete pavement and suffering eight broken bones in his face, a broken wrist and a fractured knee. Six months later, claimant submitted a workers' compensation claim that listed as his employer Consolidated Lumber Transportation, Inc.—for which claimant hauled lumber pursuant to a lease agreement. Following hearings to...

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