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MATTER OF TOMAINE v. CITY OF POUGHKEEPSIE POLICE

528540.

178 A.D.3d 1256 (2019)

115 N.Y.S.3d 538

2019 NY Slip Op 09072

In the Matter of the Claim of David Tomaine, Claimant, v. City of Poughkeepsie Police, Appellant. Workers' Compensation Board, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Ryan, Roach & Ryan LLP, Kingston (John D. Dunne of counsel), for appellant.

Letitia James, Attorney General, New York City (Donya Fernandez of counsel), for respondent.

Garry, P.J., Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.

Claimant injured his lower back while working as a police officer in March 2012. His claim was established for that injury, he had surgery in 2012 and he has not returned to work since. Prior awards for lost wages were made until March 13, 2015 at either a temporary total or temporary partial...

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