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MATTER OF SAAD v. BETHLEHEM STEEL CORP.

90 A.D.2d 595 (1982)

In the Matter of the Claim of Mohammed H. Saad, Appellant, v. Bethlehem Steel Corporation, Respondent. Workers' Compensation Board, Respondent

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

October 12, 1982

The sole issue on this appeal is whether the decision of the board in refusing to again reopen this case was arbitrary or capricious and an abuse of discretion. These elements must be present if this court is to interfere (Matter of Eddings v Big Jim Serv. Center., 62 A.D.2d 1119, affd 48 N.Y.2d 677). Furthermore, if the application to reopen is founded upon medical evidence, the board is at liberty...

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