MATTER OF A'GARD v. MAJOR BUILDERS CORPORATION


273 A.D.2d 519 (2000)

708 N.Y.S.2d 736

In the Matter of the Claim of HENRY L. A'GARD, Appellant, v. MAJOR BUILDERS CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 8, 2000.


Rose, J.

Claimant sustained a back injury on October 31, 1986 which resulted in a permanent partial disability and an award of workers' compensation benefits. At the time of the accident, claimant, who is just over six feet tall, weighed at least 250 pounds and, within three months of the accident, weighed 300 pounds. Claimant's own physician subsequently testified that 184 pounds was the normal or average weight for a person of his height, age and build. Although...

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