MATTER OF LIMA v. NEWPORT PAINTING & DECORATING


120 A.D.3d 866 (2014)

990 N.Y.S.2d 419

2014 NY Slip Op 05681

In the Matter of the Claim of NEY F. LIMA, Appellant, v. NEWPORT PAINTING & DECORATING et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided August 7, 2014.


Lahtinen, J.

Appeal from a decision of the Workers' Compensation Board, filed February 25, 2013, which, among other things, ruled that claimant did not sustain a work-related injury.

Claimant, alleging that he fell from scaffolding while painting and suffered injuries to his neck, left shoulder and lower back, filed a claim for workers' compensation benefits. The employer controverted the claim and, following a hearing at which a coworker testified that she...

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