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MATTER OF CLAIM OF CALABRESE v. FORTINI INC.

529176.

179 A.D.3d 1279 (2020)

117 N.Y.S.3d 331

2020 NY Slip Op 00203

In the Matter of the Claim of Shaun M. Calabrese, Appellant, v. Fortini Inc., Respondent, and State Insurance Fund, Respondent. Workers' Compensation Board, Respondent.

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

Decided January 9, 2020.

In 2015, claimant suffered a work-related injury to his back and was awarded workers' compensation benefits. The employer thereafter raised the issue of labor market attachment. Following a hearing, the employer argued that claimant had violated Workers' Compensation Law § 114-a based upon alleged misrepresentations that he made...

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