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MATTER OF MONZON v. SAM BERNARDI CONSTRUCTION, INC.

60 A.D.3d 1261 (2009)

876 N.Y.S.2d 175

In the Matter of the Claim of HUMBERTO MONZON, Respondent, v. SAM BERNARDI CONSTRUCTION, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 26, 2009.

ROSE, J.

Claimant injured his foot in January 2004 when he fell at work. On February 4, 2005, at a hearing before a Workers' Compensation Law Judge (hereinafter WCLJ), claimant testified that he had been unable to work since the accident. The employer then requested an adjournment so that it could present a surveillance videotape which allegedly would show that claimant had, in fact, worked since his accident. The WCLJ granted an adjournment and continued the payment...

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