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MATTER OF GRIFFIN v. JOHN CIVETTA & SONS

71 A.D.2d 744 (1979)

In the Matter of the Claim of Gerald Griffin, Respondent, v. John Civetta & Sons et al., Appellants, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

July 19, 1979

While working for the employer herein on October 29, 1974, claimant concededly sustained a compensable back injury, and it is likewise uncontested that he had a pre-existing permanent physical impairment as a result of a back injury sustained on September 5, 1973. Claimant's disability after February 18, 1975 was subsequently apportioned 50% to each of these accidents, and the only question presented for our review is whether or not the board properly discharged the Special...

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