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MATTER OF DIAMOND v. WARREN COUNTY SHERIFF'S OFFICE

533068.

206 A.D.3d 1411 (2022)

171 N.Y.S.3d 613

2022 NY Slip Op 04071

In the Matter of the Claim of Robert Diamond Jr., Respondent, v. Warren County Sheriff's Office, By and Through Warren County Self Insurance Plan, Appellant. Workers' Compensation Board, Respondent.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Lemire & Higgins, LLC, Malta (Christopher R. Lemire of counsel), for appellant.

Law Firm of Alex Dell, PLLC, Albany (Edward Obertubbesing of counsel), for Robert Diamond, Jr., respondent.

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

Egan Jr., Clark, Aarons and McShan, JJ., concur.

In February 2018, claimant, a building maintenance mechanic for the employer, was injured when he slipped and fell during the course of his employment. As a result, claimant underwent surgical stabilization of a fracture to his right ankle. His claim for workers' compensation benefits was subsequently established. Thereafter, Adam Suslak...

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