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MATTER OF UTLEY, JR. v. GENERAL MOTORS CORPORATION

285 A.D.2d 843 (2001)

728 N.Y.S.2d 306

In the Matter of the Claim of JEFFERSON UTLEY, JR., Respondent, v. GENERAL MOTORS CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 19, 2001.

Crew III, J.

In September 1987 claimant, a machine operator, sustained a compensable injury to his back and right knee when he fell at his place of employment. Claimant received workers' compensation benefits until August 1988, at which time he returned to work in a light duty capacity. When light duty work no longer was available, claimant was classified as permanently partially disabled. Thereafter, in 1995, claimant requested that he be classified as totally industrially...

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