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MATTER OF GIGLIA v. SUNY BUFFALO-UNION

533663.

204 A.D.3d 1287 (2022)

167 N.Y.S.3d 577

2022 NY Slip Op 02603

In the Matter of the Claim of Peter Giglia, Appellant, v. SUNY Buffalo-Union 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

Dolce Firm, Buffalo ( Holly L. Schoenborn of counsel), for appellant.

Hamberger & Weiss LLP, Rochester ( Joseph P. DeCoursey of counsel), for SUNY Buffalo-Union and another, respondents.

Egan Jr., J.P., Reynolds Fitzgerald, Fisher and McShan, JJ., concur.

On June 15, 2018, claimant suffered work-related injuries to his right leg and right knee, and his claim for workers' compensation benefits was established. In May 2020, the employer and its workers' compensation carrier raised the issue as to whether claimant had violated Workers' Compensation Law § 114-a by asserting on work activity...

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