MATTER OF WALTON v. ARNEL HOMES, INC.


60 A.D.2d 710 (1977)

In the Matter of the Claim of Russell S. Walton, Respondent, v. Arnel Homes, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

December 22, 1977


Claimant sustained a compensable back injury in 1964 and was thereafter classified as having a permanent partial disability when his case was closed in 1969. However, following authorized surgery in 1970, claimant was able to and did return to full-time employment without further symptoms. He again injured his back in October of 1972 while working for another employer. The board has determined that his present disability is due solely to this later incident and has discharged...

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