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MATTER OF BATHRICK v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

298 A.D.2d 814 (2002)

748 N.Y.S.2d 709

In the Matter of the Claim of JAMES BATHRICK, Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 31, 2002.

Mugglin, J.

Claimant is seeking workers' compensation benefits as the result of a causally related injury to his right foot. In order to resolve conflicting medical opinions concerning claimant's degree of permanent loss of use of the injured foot, the Workers' Compensation Law Judge ordered that oral depositions be taken of the medical witnesses. On review, the Workers' Compensation Board affirmed the decision of the Workers' Compensation Law Judge, finding that...

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