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MATTER OF MARTINEZ v. MEC GEN. INC.

532384.

198 A.D.3d 1051 (2021)

152 N.Y.S.3d 640

2021 NY Slip Op 05378

In the Matter of the Claim of Janiece Martinez, Respondent, v. MEC General Inc. et al., Appellants, and State Insurance Fund, Respondent. Workers' Compensation Board, Respondents.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Morrison Mahoney LLP, New York City ( David Allweiss of counsel), for appellants.

William Schwitzer & Associates, PC, New York City ( Howard R. Cohen of counsel), for Janiece Martinez, respondent.

Tanisha S. Edwards , State Insurance Fund, New York City ( Charlotte Flynn of counsel), for State Insurance Fund, respondent.

Letitia James , Attorney General, New York City ( Nina M. Sas of counsel), for Workers' Compensation Board, respondent.

Lynch, J.P., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Claimant was injured when she fell while installing insulation at a construction site. In her application for workers' compensation benefits, claimant identified her employer as Kape Construction Corp. After it was determined by an investigation of the Workers' Compensation Board's Bureau of Compliance that Kape Construction did not maintain...

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