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MATTER OF MARTINEZ v. LEFRAK CITY MANAGEMENT

512335.

100 A.D.3d 1110 (2012)

953 N.Y.S.2d 383

In the Matter of the Claim of EDELMIRO MARTINEZ, Appellant, v. LEFRAK CITY MANAGEMENT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 8, 2012.

McCarthy, J.

Claimant worked for the employer as a porter while at the same time separately pursuing a career as a professional boxer. On July 30, 2004, claimant took part in a featherweight boxing match at the Mohegan Sun Casino that ended in his disqualification. Casino records and hospital reports show that, in the course of that match, claimant sustained, among other things, an injury to his left bicep. An August 4, 2004 MRI showed a complete tear of claimant...

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