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MATTER OF MASTROGIOVANNI v. UNDERHILL

84 A.D.2d 596 (1981)

In the Matter of the Claim of Thomas Mastrogiovanni, Respondent, v. Dic Underhill 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.

October 8, 1981

Claimant, a labor foreman, injured his back while lifting a "buggy ram" on July 3, 1975. He returned to work the next day. He again injured his back on October 7, 1975 and was hospitalized. An award was made for total disability for the period of October 8, 1975 to January 26, 1976 and for partial disability thereafter. The accidents were later restored to the calendar. Subsequently, the board, in its final decision, stated: "Upon review, the Board Panel finds carrier's late...

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