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MATTER OF HARRIS v. DEPARTMENT OF ENVTL. PROTECTION

534963.

217 A.D.3d 1034 (2023)

190 N.Y.S.3d 188

2023 NY Slip Op 02918

In the Matter of the Claim of Kevin Harris, Appellant, v. Department of Environmental Protection, Respondent. Workers' Compensation Board, Respondent.

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

Decided June 1, 2023.

Attorney(s) appearing for the Case

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

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( Emma L. Semerad of counsel), for Department of Environmental Protection, respondent.

Clark, Aarons, Reynolds Fitzgerald and McShan, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed September 10, 2022, which, among other things, precluded claimant's evidence of schedule loss of use.

In April 2019, claimant, a construction worker, filed a claim for workers' compensation benefits alleging that he sustained work-related injuries while removing...

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