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MATTER OF ARENA v. UPSTATE NIAGARA COOP. INC.

533376.

208 A.D.3d 1400 (2022)

173 N.Y.S.3d 687

2022 NY Slip Op 05119

In the Matter of the Claim of Michael Arena, Appellant, v. Upstate Niagara Cooperative Inc. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided September 1, 2022.

Attorney(s) appearing for the Case

Vincent Criscuolo & Associates, PC, Rochester (Ryan W. Edwards of counsel), for appellant.

Hamberger & Weiss LLP, Rochester (Stephen P. Wyder Jr. of counsel), for Upstate Niagara Cooperative Inc. and another, respondents.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.

Claimant has an established claim for a work-related injury to his lower back that he sustained in January 2020. A February 2020 MRI showed evidence of a "[r]ight central L4-5 disc extrusion" that, in turn, impinged upon the right L5 nerve roots. Claimant was initially treated conservatively with medication and physical therapy, but he...

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