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MATTER OF FLOWERS v. ALKEM PLUMBING INC.

532410.

197 A.D.3d 1380 (2021)

153 N.Y.S.3d 638

2021 NY Slip Op 04941

In the Matter of the Claim of Anthony Flowers, Appellant, v. Alkem Plumbing Inc. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided September 2, 2021.

Attorney(s) appearing for the Case

Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, New York City ( Michael K. Gruber of counsel), for appellant.

Tanisha S. Edwards , State Insurance Fund, New York City ( Susan B. Marris of counsel), for Alkem Plumbing Inc. and another, respondents.

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

In 2012, claimant, a plumber, was injured while moving/pulling a manhole cover. His subsequent claim for workers' compensation benefits was established for an injury to his right wrist, and his average weekly wage was set for purposes of awarding temporary benefits. In May 2016, the Workers' Compensation Board ultimately found that claimant...

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