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MATTER OF UPDIKE v. SYNTHES

CV-22-1920.

217 A.D.3d 1045 (2023)

190 N.Y.S.3d 512

2023 NY Slip Op 02923

In the Matter of the Claim of Lawrence Updike, Respondent, v. Synthes et al., Appellants. Workers' Compensation Board, Respondent.

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

Decided June 1, 2023.

Attorney(s) appearing for the Case

Gitto & Niefer, LLP, Binghamton (Jason M. Carlton of counsel), for appellants.

Peter D. Salton, Ithaca, for Lawrence Updike, respondent.

Letitia James, Attorney General, New York City (Nina M. Sas of counsel), for Workers' Compensation Board, respondent.

Lynch, J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed June 3, 2022, which ruled, among other things, that claimant did not violate Workers' Compensation Law § 114-a.

While working as an automotive mechanic in 1996, claimant sustained a work-related injury to his lower back, and his workers' compensation claim subsequently...

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