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MATTER OF DIMAGGIO v. MAYRCH EXCAVATION FOUND

529226.

189 A.D.3d 1841 (2020)

134 N.Y.S.3d 288

2020 NY Slip Op 07636

In the Matter of the Claim of Ottavio Dimaggio, Appellant, v. Mayrch Excavation Foundation et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Joel M. Gluck , New York City, for appellant.

Kennedys CMK LLP, New York City ( Michael R. Schneider of counsel), for Mayrch Excavation Foundation and another, respondents.

Letitia James , Attorney General, New York City ( Alison Kent-Friedman of counsel), for Workers' Compensation Board, respondent.

Garry, P.J., Egan Jr. and Mulvey, JJ., concur.

Claimant, an Italian-speaking carpenter, has an established workers' compensation claim for an injury to his back stemming from a 2014 accident. The record was developed on the issue of permanency and, at the conclusion of a January 18, 2018 hearing regarding claimant's loss of wage-earning capacity, a Workers' Compensation Law Judge...

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