MATTER OF KRAUSS v. HUDSON PAINTING CORP.


79 A.D.2d 794 (1980)

In the Matter of the Claim of James M. Krauss, Appellant, v. Hudson Painting Corp. et al., Respondents. Workers' Compensation Board, Respondent

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

December 24, 1980


Claimant sustained a work-related back injury in 1953 for which he received compensation. In 1968, his injury was classified as a permanent partial disability, compensation was awarded based upon a 40% loss of earning capacity and the case was closed. Thereafter, the case was reopened and restored to the Referee's Calendar on several occasions, based upon claimant's allegation that he was totally disabled. The decision appealed from states: "Upon review of the record the...

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