MATTER OF DE LA CRUZ v. AUFIERO PAINTING INDUS. INC.

529896.

185 A.D.3d 1330 (2020)

128 N.Y.S.3d 328

2020 NY Slip Op 04216

In the Matter of the Claim of Juan De La Cruz, Appellant, v. Aufiero Painting Industries Inc. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided July 23, 2020.


Claimant, who was performing taping and spackling work for the employer, submitted a claim for workers' compensation benefits, asserting that he had hurt his back in an unwitnessed scaffolding accident. The employer and its workers' compensation carrier controverted the claim. Following a hearing and review of medical treatment records...

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