MATTER OF SHELL, JR. v. POUGHKEEPSIE HOUSING AUTHORITY


276 A.D.2d 843 (2000)

714 N.Y.S.2d 547

In the Matter of the Claim of HAROLD J. SHELL, JR., Appellant, v. POUGHKEEPSIE HOUSING AUTHORITY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 19, 2000.


Graffeo, J.

Claimant suffered the amputation of two toes as the result of a lawn mowing accident while employed by the Poughkeepsie Housing Authority (hereinafter the employer) in July 1994. Based on an August 1994 examination, claimant's treating physician concluded that plaintiff had a permanent 50% loss of function in his right foot. In a report issued in November 1994, the medical consultant for the employer's workers' compensation carrier noted plaintiff's condition...

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