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MATTER OF SWANKO v. DARLIND CONSTR.

515062.

104 A.D.3d 1035 (2013)

962 N.Y.S.2d 435

2013 NY Slip Op 1886

In the Matter of the Claim of JOHN SWANKO, Respondent, v. DARLIND CONSTRUCTION et al., Appellants, and YONKERS CONTRACTING COMPANY, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

March 21, 2013.

Stein, J.

Appeal from an amended decision of the Workers' Compensation Board, filed November 7, 2011, which, among other things, ruled that apportionment pursuant to Workers' Compensation Law § 44 is not applicable to claimant's workers' compensation award.

Claimant was employed for many years as a carpenter. Late in 2005, injuries to claimant's hips, knees, shoulders and wrists caused him to stop working. He thereafter filed a claim for workers' compensation...

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