MATTER OF EATON v. DELLAPENNA ASSOCIATES

512214.

91 A.D.3d 1008 (2012)

936 N.Y.S.2d 366

2012 NY Slip Op 76

In the Matter of the Claim of LARRY EATON, Respondent, v. DELLAPENNA ASSOCIATES et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 5, 2012.


LAHTINEN, J.

In August 2001, claimant, while employed as a construction worker for the employer, sustained a back injury which prevented him from returning to work. His claim for workers' compensation benefits was established, medical treatment was authorized and awards were made at a tentative rate. In 2003, claimant began receiving Social Security disability benefits and he also underwent fusion back surgery. However, this procedure only relieved his pain temporarily...

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