IN THE MATTER OF FORTUNATO v. OPUS III VII CORP.


56 A.D.3d 905 (2008)

867 N.Y.S.2d 252

In the Matter of the Claim of JOHN FORTUNATO, Appellant, v. OPUS III VII CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 13, 2008.


Mercure, J.P.

Claimant, a salesperson, filed a claim for workers' compensation benefits, alleging that he suffered injuries after he was struck by a car as he attempted to cross a street while out on a sales call in October 2003. Following hearings, a Workers' Compensation Law Judge established the claim. On review, the Workers' Compensation Board reversed, finding that claimant's testimony regarding the alleged accident...

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