MATTER OF CHRISTIANO v. WAKEFERN FOOD CORPORATION


269 A.D.2d 651 (2000)

703 N.Y.S.2d 292

In the Matter of the Claim of JAMES CHRISTIANO, Respondent, v. WAKEFERN FOOD CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 3, 2000.


Mugglin, J.

Claimant suffered a compensable injury to his right shoulder in January 1995. At an ensuing hearing on the issue of schedule loss of use, Paul Jones, the employer's orthopedic consultant, assessed a 12½% loss of use of the right arm based upon the conclusion that claimant suffered from a resection of the clavicle and pain associated with an operative procedure. After precluding claimant's treating physician, Robert Hendler, from testifying due to...

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