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MATTER OF PETEREC-TOLINO v. COMMERCIAL ELECTRICAL CONTRACTORS, INC.

59 A.D.3d 752 (2009)

872 N.Y.S.2d 599

In the Matter of the Claim of JOHN L. PETEREC-TOLINO, Appellant, v. COMMERCIAL ELECTRICAL CONTRACTORS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 5, 2009.

Mercure, J.

Claimant, who was employed as a fifth-year apprentice by respondent Commercial Electrical Contractors, Inc., was terminated from his employment on July 7, 2006, after allegedly threatening a project superintendent. He thereafter filed a claim for workers' compensation benefits based upon a neck and back injury sustained shortly prior to his termination. Pursuant to Workers' Compensation Law § 25 (2-c), the claim proceeded under the Alternate Dispute...

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