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MATTER OF BELFIORE v. PENSKE LOGISTICS LLC

534617.

209 A.D.3d 1095 (2022)

175 N.Y.S.3d 777

2022 NY Slip Op 05575

In the Matter of the Claim of Wayne Charles Belfiore, Claimant, v. Penske Logistics LLC et al., Appellants. 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 (James M. Specyal of counsel), for appellants.

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

Garry, P.J., Lynch, Aarons and Pritzker, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed July 1, 2021, which ruled, among other things, that claimant did not violate Workers' Compensation Law § 114-a.

On February 25, 2020, claimant, a hospital delivery driver, sustained head and traumatic brain injuries from a fall while unloading material from...

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