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MATTER OF GREEN v. BRAND MID-ATL., INC.

198 A.D.2d 633 (1993)

603 N.Y.S.2d 628

In the Matter of the Claim of George Green, Respondent, v. Brand Mid-Atlantic, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

November 10, 1993

The employer argues that the Board's decision, directing the continuation of temporary total disability payments to claimant pending further development of the record with medical testimony on the issue of degree of disability, was arbitrary and capricious. We, however, agree with the Board that its decision on these issues was interlocutory and did not involve a threshold legal issue. The decision is therefore not appealable....

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