MATTER OF LESPERANCE v. GULF OIL COMPANY


287 A.D.2d 839 (2001)

731 N.Y.S.2d 535

In the Matter of the Claim of JAMES LESPERANCE, Appellant, v. GULF OIL COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 18, 2001.


Crew III, J. P.

Prior to retiring in 1983, claimant was employed for a number of years as a truck driver and delivery person for Gulf Oil Company. In 1990, claimant accepted a part-time maintenance position with Susse Chalet. Thereafter, in September 1991, claimant was diagnosed with a torn rotator cuff in his left shoulder; a similar diagnosis subsequently was made with respect to claimant's right shoulder, with both conditions necessitating surgical repairs. Claimant...

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