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MATTER OF McCARTHY v. WIRELESS

510570

83 A.D.3d 1352 (2011)

921 N.Y.S.2d 415

In the Matter of the Claim of SHAUN McCARTHY, Respondent, v. VERIZON WIRELESS et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 28, 2011.

GARRY, J.

Claimant filed a claim for workers' compensation benefits in May 2009, alleging that he sustained a work-related injury to his lower back in November 2008. The employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) controverted the claim and argued, among other things, that claimant failed to provide timely notice of the accident. The employer filed a prehearing conference statement, but failed to appear for...

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