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MATTER OF CLAIM OF FIGUEROA v. PERFECT SHOULDER COMPANY, INC.

506841

68 A.D.3d 1586 (2009)

2009 NY Slip Op 10014

891 N.Y.S.2d 704

In the Matter of the Claim of JULIO FIGUEROA, Respondent, v. PERFECT SHOULDER COMPANY, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 31, 2009.

MERCURE, J.

Claimant worked as a supervisor for the employer and was required to open the factory he worked in each day by 7:00 A.M.,

[68 A.D.3d 1587]
but was prohibited from doing so earlier than 6:45 A.M. Having arrived early on October 9, 2006, claimant was sitting in his parked car on a public street in front of the workplace and was rendered a quadriplegic when his automobile was struck from behind by another vehicle. His subsequent...

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