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Court Upholds Damage Award to Injured Worker

By WorkCompCentral

Wednesday, March 13, 2019 | 128 | 0 | 2 min read

A New York appellate court ruled that a worker was not entitled to additional damages for his injuries from a fall from a scaffold, and that the state was not entitled to subpoena the adjuster for his workers’ compensation claim. Case: Fabiano v. State of New York, No. 526628, 03/07/2019, published. Facts: Mark Fabiano worked as a bridge painter. He suffered injuries in 2011 when he fell from scaffolding while working on a bridge owned by the state of New York. Fabiano established a workers’ compensation claim against his employer. He also filed a Labor Law claim against the sta...

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