MATTER OF ALLEN v. ENTERPRISE RENT-A-CAR


38 A.D.3d 970 (2007)

831 N.Y.S.2d 561

In the Matter of the Claim of MICHAEL ALLEN, Appellant, v. ENTERPRISE RENT-A-CAR et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 1, 2007.


Kane, J.

On October 28, 1999, claimant was involved in a work-related motor vehicle accident wherein he sustained injuries to his neck, back, left shoulder and left arm. As a result, he filed a claim for workers' compensation benefits and also commenced a third-party personal injury action. Claimant eventually underwent left shoulder surgery on September 29, 2003 and was out of work from that date through December 5, 2003.

A Workers' Compensation Law Judge...

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