MATTER OF BELFIORE v. PENSKE LOGISTICS LLC

533503.

203 A.D.3d 1431 (2022)

165 N.Y.S.3d 611

2022 NY Slip Op 01863

In the Matter of the Claim of Wayne Charles Belfiore, Claimant, v. Penske Logistics LLC et al., Appellants. Workers' Compensation Board, Respondent.

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

Decided March 17, 2022.


Attorney(s) appearing for the Case

Goldberg Segalla LLP, Buffalo ( James M. Specyal of counsel), for appellants.

Letitia James , Attorney General, New York City ( Marjorie S. Leff of counsel), for respondent.

Lynch, J.P., Aarons, Colangelo and Fisher, JJ., concur.


In February 2020, claimant, a hospital delivery driver, sustained head and traumatic brain injuries when he slipped and fell while unloading material from a truck at work. Shortly thereafter, the employer and its workers compensation carrier (hereinafter collectively referred to as the carrier) filed a first report of injury alleging that...

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