MATTER OF RIVERA v. JOSEPH L. BALKAN, INC.

530910.

193 A.D.3d 1214 (2021)

147 N.Y.S.3d 169

2021 NY Slip Op 02207

In the Matter of the Claim of Jose Rivera, Appellant, v. Joseph L. Balkan, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided April 8, 2021.


Attorney(s) appearing for the Case

Ginarte Gallardo Gonzalez Winograd, LLP, New York City ( Joel Celso of counsel), for appellant.

Goldberg Segalla LLP, Syracuse ( Cory A. DeCresenza of counsel), for Joseph L. Balkan, Inc. and another, respondents.

Garry, P.J., Egan Jr., Clark and Reynolds Fitzgerald, JJ., concur.


Claimant, a heavy machine operator, suffered a work-related injury to his back on March 8, 2017 and his claim for workers' compensation benefits was established. Claimant was found to have no compensable lost time from March 27, 2017 to June 7, 2017 and from June 27, 2017 to July 24, 2017. He was then out of work from July 2017 to December...

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