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MATTER OF ROMERO v. CAPITAL CONCRETE

535832.

221 A.D.3d 1149 (2023)

199 N.Y.S.3d 278

2023 NY Slip Op 05640

In the Matter of the Claim of Tunin Romero, Respondent, v. Capital Concrete et al., Appellants. Workers' Compensation Board, Respondent.

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

Jones Jones LLC, New York City ( David Secemski of counsel), for appellants.

William Switzer & Associates, PC, New York City ( Brian J. Isaac of Pollack, Pollack, Isaac & DeCicco, LLP, New York City, of counsel), for Tunin Romero, respondent.

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

David F. Wertheim , State Insurance Fund, Albany ( Dominick Mingione of counsel), for State Insurance Fund, respondent.

Clark, J.P., Pritzker, Ceresia and Fisher, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed May 11, 2022, which, among other things, ruled that the employer and its workers' compensation carrier failed to comply with 12 NYCRR 300.13(b) and denied review of a decision by the Workers' Compensation Law Judge.

In June 2021, claimant, a carpenter, sustained...

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