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MATTER OF KARWOWSKA v. AIR TECH LAB, INC.

528504, 528863, 529325.

189 A.D.3d 1831 (2020)

138 N.Y.S.3d 262

2020 NY Slip Op 07633

In the Matter of the Claim of Barbara Karwowska, Appellant, v. Air Tech Lab, Inc., et al., Respondents. Workers' Compensation Board, Respondent. (Claim No. 1.) In the Matter of the Claim of Jerzy Maslinski, Appellant, v. PAL Environmental et al., Respondents. Workers' Compensation Board, Respondent. (Claim No. 2.) In the Matter of the Claim of Edgar Nemoy, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent. (Claim No. 3.)

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Geoffrey Schotter , New York City, for appellants.

Vecchione, Vecchione, Connors & Cano, LLP, Garden City Park ( Brian Anson of counsel), for PAL Environmental and another, respondents.

Weiss, Wexler & Wornow, PC, New York City ( J. Evan Perigoe of counsel), for New York City Transit Authority, respondent.

Letitia James , Attorney General, New York City ( Donya Fernandez of counsel), for Workers' Compensation Board, respondent.

Egan Jr., J.P., Clark, Aarons and Colangelo, JJ., concur.

In these three claims, each claimant sought review of certain findings by a respective Workers' Compensation Law Judge (hereinafter WCLJ) by filing an application for review (RB-89 form) with the Workers' Compensation Board. The Board denied all three applications because claimants' responses to question number 15 on those...

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