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MATTER OF MALLEN v. ACE TINSMITH & BLDG. PRODS.

533430.

204 A.D.3d 1283 (2022)

167 N.Y.S.3d 591

2022 NY Slip Op 02601

In the Matter of the Claim of Richard Mallen, Appellant, v. ACE Tinsmith & Building Products et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Law Firm of Alex Dell, PLLC, Albany ( Nicholas A. Fusco of counsel), for appellant.

Gitto & Niefer, LLP, Binghamton ( Jason M. Carlton of counsel), for Ace Tinsmith & Building Products and another, respondents.

Pritzker, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.

In October 1984, claimant suffered a work-related injury to his left leg. By decision dated May 1, 1987, he was classified with having a permanent partial disability and awarded ongoing lost wage benefits, and the case was identified as "closed." In August 1993, the workers' compensation carrier, acting on behalf of the employer (hereinafter...

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