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MATTER OF MENDEZ v. TGA CONSTR., LLC

533982.

209 A.D.3d 1078 (2022)

175 N.Y.S.3d 774

2022 NY Slip Op 05569

In the Matter of the Claim of Henry G. Lopez Mendez, Claimant, v. TGA Construction, LLC, Respondent, and Merchants Mutual Insurance Company, c/o Merchants Insurance Group, Appellant. Workers' Compensation Board, Respondent.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Goldberg Segalla, Buffalo (Adam R. Durst of counsel), for appellant.

Letitia James, Attorney General, New York City (Marjorie S. Leff of counsel), for Workers' Compensation Board, respondent.

Garry, P.J., Egan Jr., Clark and Fisher, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed February 19, 2021, which ruled that the employer's workers' compensation carrier was responsible for claimant's claim.

On July 31, 2018, claimant was severely injured when he fell from scaffolding while working for the employer. Following the filing of his claim...

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