Matter of Artimus Constructions, Employer
No. G2149892
New York Workers Compensation
November 8, 2019
Date
of Accident: 04/26/2018
Issue:
Accident arising out of and in the course of employment
District
Office: NYC
Carrier:
State Insurance Fund, Carrier ID No.: W204002, Carrier Case
No.: 71396196-520
Claimant's Attorney: Klee, Woolf, Goldman & Filpi,
LLP
Panel:
Clarissa M. Rodriguez
MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF
DECISION
The
Full Board, at its meeting on October 8, 2019, considered the
above captioned case for Mandatory Full Board Review of the
Board Panel Memorandum of Decision filed February 11, 2019.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant sustained a work-related accident on April 26,
2018.
The
Workers' Compensation Law Judge (WCLJ (Workers'
Compensation Law Judge)) disallowed the claim.
The
Board Panel majority reversed and established the claim for
injuries to the claimant's neck, back and both knees.
The
dissenting Board Panel member would affirm the WCLJ decision
disallowing the claim.
The
carrier filed an application for Mandatory Full Board Review
on March 11, 2019, arguing that claimant's testimony was
not credible and that the claim should be disallowed.
The
claimant filed a rebuttal on April 10, 2019, arguing that the
Board Panel majority correctly found that the record
supported establishing this claim.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
Claimant
filed a C-3 (Employee Claim) on May 7, 2018, alleging that he
injured his back, left leg and left calf when he fell while
moving a scaffold at 4:30 P.M. on April 26, 2018, at a work
location in Jamaica, Queens. He indicated that notice was
given to the employer on the date of the accident. He
indicated that accident was witnessed by "the person
[he] was moving the scaffold with[,]" and that he first...
