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MATTER OF DAVIS v. T.J. MADDEN CONSTRUCTION COMPANY

295 A.D.2d 826 (2002)

744 N.Y.S.2d 546

In the Matter of the Claim of DENNIS J. DAVIS, Claimant, v. T.J. MADDEN CONSTRUCTION COMPANY 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 June 27, 2002.

Lahtinen, J.

Claimant injured his right knee in a work-related accident in February 1988. The resulting workers' compensation case was closed in April 1989 upon a finding that claimant had suffered a 10% loss of use of his knee. A second compensation case stemming from a June 1, 1992 work-related injury to the same knee concluded in September 1995 with a finding that claimant had suffered a 15% overall loss of use of his knee with 5% of the loss attributable to the...

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