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MATTER OF MUSSO v. EARTH MOVERS, INC.

240 A.D.2d 846 (1997)

659 N.Y.S.2d 105

In the Matter of the Claim of Giacchino Musso, Respondent, v. Earth Movers, Inc., Appellant. Workers' Compensation Board, Respondent

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

June 19, 1997

Mikoll, J. P.

Claimant worked as a heavy equipment operator for the employer from 1984 until November 1985. On November 11, 1985, he injured his back when the seat of the truck which he was driving collapsed after he struck a bump in the road. He informed his supervisor and, after being assigned to a different truck, finished his shift. The following day, however, claimant informed his supervisor that he was...

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