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MATTER OF AMACIO v. TULLY CONSTRUCTION

508361.

82 A.D.3d 1371 (2011)

918 N.Y.S.2d 276

In the Matter of the Claim of DAVID AMACIO, Appellant, v. TULLY CONSTRUCTION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 10, 2011.

STEIN, J.

Claimant sustained a work-related injury in 1998 and was awarded workers' compensation benefits. Claimant also brought a third-party negligence action in the Court of Claims, which resulted in a settlement of $800,000 in June 2000. In October 2000, a Workers' Compensation Law Judge (hereinafter WCLJ) found that claimant was permanently partially disabled, set his average weekly wage and determined that the employer's workers' compensation carrier had waived...

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