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MATTER OF POLICARPIO v. RALLY RESTORATION CORP.

530531.

189 A.D.3d 1796 (2020)

137 N.Y.S.3d 557

2020 NY Slip Op 07442

In the Matter of the Claim of Julio Policarpio, Appellant, v. Rally Restoration Corp. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

The Perecman Firm PLLC, New York City ( Edward Guldi of counsel), for appellant.

Gitto & Niefer, LLP, Binghamton ( Jason M. Carlton of counsel), for Rally Restoration Corp. and another, respondents.

Aarons and Colangelo, JJ., concur.

Claimant, a construction worker, was injured at work on January 4, 2017, and has established injuries to his back, neck, left ankle and left knee. As relevant here, claimant was awarded workers' compensation benefits at a temporary partial disability rate and, after the employer and its workers' compensation carrier raised the issue...

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