MATTER OF ORTIZ v. MARTIN VIETTE NURSERIES, INC.

510670.

82 A.D.3d 1480 (2011)

918 N.Y.S.2d 759

In the Matter of the Claim of EUSTAQUIO ORTIZ, Respondent, v. MARTIN VIETTE NURSERIES, INC., Respondent, and FLORIESTS' MUTUAL INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.


SPAIN, J.P.

Claimant suffered a work-related injury and was awarded workers' compensation benefits for the time period of September 3, 2008 until September 22, 2008. Further benefits were held in abeyance and the employer's workers' compensation carrier subsequently submitted an independent medical examination report and deposition testimony of its medical expert, Sanford Wert, in which he opined that claimant had no further causally related disability. Following...

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