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MATTER OF OLAYA v. UNITED PARCEL SERVICE INC.

525474.

176 A.D.3d 1266 (2019)

109 N.Y.S.3d 520

2019 NY Slip Op 07119

In the Matter of the Claim of Guillermo Olaya, Appellant, v. United Parcel Service Inc. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided October 3, 2019.

Attorney(s) appearing for the Case

Joel M. Gluck , New York City, for appellant.

Weiss, Wexler & Wornow, PC, New York City ( J. Evan Perigoe of counsel), for United Parcel Service Inc. and another, respondents.

Clark, Mulvey and Pritzker, JJ., concur.

In March 2009, while working as a delivery driver, claimant injured his lower back as he descended from a step on his delivery truck. He filed a claim for workers' compensation benefits that was not disputed by the employer or its workers' compensation carrier (hereinafter collectively referred to as the carrier). In September 2010,...

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