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MATTER OF DOWNER v. NEW YORK CITY DEPT. OF CORR.

530059.

189 A.D.3d 1855 (2020)

138 N.Y.S.3d 246

2020 NY Slip Op 07640

In the Matter of the Claim of Patrick Downer, Appellant, v. New York City Department of Corrections, Respondent. 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

Rella & Associates, PC, Sleepy Hollow ( David I. Wolf of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York City ( Yasmean N. Tamoor of counsel), for New York City Department of Corrections, respondent.

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

In January 2015, claimant injured his shoulders during the course of performing his duties as a correction officer. He filed a claim for workers' compensation benefits and his claim was established for work-related injuries to both shoulders. He stopped working in May 2015 and had surgery on his left shoulder the next month. Following...

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