MATTER OF ENGOLTZ v. STEWART'S ICE CREAM

511766.

91 A.D.3d 1066 (2012)

936 N.Y.S.2d 736

2012 NY Slip Op 151

In the Matter of the Claim of BENI ENGOLTZ, Appellant, v. STEWART'S ICE CREAM et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 12, 2012.


MALONE Jr., J.

Claimant injured his back and head in May 1994 and, as a result, was classified with a permanent partial disability that was 90% work-related and he began receiving lost wage replacement benefits. In 2008, the self-insured employer's risk management company investigated claimant's activities and an issue arose regarding whether claimant was working. Following a hearing at which the employer raised a Workers' Compensation Law § 114-a issue, a Workers...

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