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PETITION OF MARKIEVITZ

No. 91-175

135 N.H. 455 (1992)

PETITION OF STEPHEN MARKIEVITZ (New Hampshire Department of Labor)

Supreme Court of New Hampshire.

April 16, 1992

Attorney(s) appearing for the Case

Marshall D. Hickok, of Manchester, by brief and orally, for the petitioner.

Devine, Millimet & Branch P.A., of Manchester (Stephen J. Schulthess on the brief and orally), for the respondent, Coca Cola Bottling Company.

HORTON, J.

The petitioner, Stephen Markievitz, seeks a writ of certiorari to review the decision of the New Hampshire Department of Labor denying his claim for permanent partial disability benefits. He argues that the labor department erred in failing to apply the amended version of RSA 281-A:32, IX (Supp. 1991), which allows a permanent partial disability award for injuries to the spinal column or spinal cord. For the reasons that follow, we vacate and remand.

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