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MATTER OF FIATO v. NEW YORK STATE DEPT. OF TRANSP.

529921.

195 A.D.3d 1251 (2021)

149 N.Y.S.3d 691

2021 NY Slip Op 03882

In the Matter of the Claim of Daniel Fiato, Appellant, v. New York State Department of Transportation et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Lemire & Higgins, LLC, Malta ( Christopher R. Lemire of counsel), for appellant.

Tanisha S. Edwards , State Insurance Fund, Albany ( Krystina K. Smith of counsel), for New York State Department of Transportation and another, respondents.

Egan Jr., Lynch and Colangelo, JJ., concur.

In 2011, claimant suffered a meniscus tear in his left knee as the result of a work-related accident, and his claim for workers' compensation benefits was established. Claimant underwent surgery to repair the injury and, in 2012, he was found to have a 20% schedule loss of use (hereinafter...

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