MATTER OF SAUNDERS v. COLA


249 A.D.2d 780 (1998)

671 N.Y.S.2d 877

In the Matter of the Claim of Thomas Saunders, Respondent, v. Pepsi Cola 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.

April 23, 1998


Peters, J.

On December 28, 1989, claimant injured his lower back in the course of his employment while delivering cases of beverages, a job he had previously performed for the employer for approximately six years without noticeable back difficulties. As a result of the accident, claimant had two back surgeries and was awarded workers' compensation benefits. During the course of claimant's medical treatment, X rays revealed that claimant had the preexisting...

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