MATTER OF KNAPP v. EMPIRE ALUMINUM INDUSTRIES


256 A.D.2d 811 (1998)

681 N.Y.S.2d 861

In the Matter of the Claim of GERALD KNAPP, Respondent, v. EMPIRE ALUMINUM INDUSTRIES et al., Appellants, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 17, 1998.


Spain, J.

Claimant sustained a back injury in February 1985 for which he received workers' compensation benefits until he returned to work several months later. Thereafter, in 1986, the Workers' Compensation Board authorized continued symptomatic treatment and closed claimant's case without determining the degree of his disability. The Board subsequently reopened the case in 1994 to consider the issue of permanency and, following a hearing, awarded claimant additional...

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