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MATTER OF PEGORARO v. TESSY PLASTICS CORPORATION

287 A.D.2d 909 (2001)

732 N.Y.S.2d 260

In the Matter of the Claim of TIMOTHY C. PEGORARO, Respondent, v. TESSY PLASTICS CORPORATION et al., Appellants, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 25, 2001.

Rose, J.

Claimant struck his head during his employment in October 1991. Following a hearing, the Workers' Compensation Law Judge (hereinafter WCLJ) held that claimant was partially disabled and directed the carrier to pay benefits. Claimant eventually returned to work and, following a second hearing, the WCLJ closed the case in July 1994. In October 1996, after claimant lost his job due to a plant closing and enrolled...

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