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MATTER OF SHERRY v. MONCON, INC.

528271.

178 A.D.3d 1248 (2019)

115 N.Y.S.3d 545

2019 NY Slip Op 09068

In the Matter of the Claim of Andrew J. Sherry, Respondent, v. Moncon, Inc., et al., Appellants. Workers' Compensation Board, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, Buffalo ( Cory A. DeCresenza of counsel), for appellants.

Kazmierczuk & McGrath, Forest Hills ( Joseph Kazmierczuk of counsel), for Andrew J. Sherry, respondent.

Letitia James , Attorney General, New York City ( Nina M. Sas of counsel), for Workers' Compensation Board, respondent.

Mulvey, J.P., Devine and Pritzker, JJ., concur.

In February 2017, claimant, a concrete laborer, sustained a work-related injury to his left ankle when he fell off a plank that was situated atop a pile of debris. Claimant subsequently filed a claim for workers' compensation benefits, which was controverted by the employer and its workers' compensation carrier (hereinafter collectively...

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