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MATTER OF CUCINELLA v. NEW YORK CITY TRANSIT AUTHORITY

507450.

82 A.D.3d 1453 (2011)

918 N.Y.S.2d 761

In the Matter of the Claim of FRANK CUCINELLA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.

Claimant sustained injuries to his neck and back in March 2000 during his employment as a bus driver. Thereafter, he was awarded workers' compensation benefits and, in July 2002, was found to be permanently partially disabled. In March 2006, the self-insured employer raised the issue of whether claimant had violated Workers' Compensation Law § 114-a. A workers' Compensation law judge determined that claimant had violated Workers' Compensation Law § 114-a and assessed...

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