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MATTER OF CUTTING, JR. v. RICHARD W. NEZELEK, INC.

293 A.D.2d 829 (2002)

740 N.Y.S.2d 515

In the Matter of the Claim of HUDSON G. CUTTING, JR., Appellant, v. RICHARD W. NEZELEK, INC., et al., Respondents. SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent; WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 11, 2002.

Mercure, J.

Claimant sustained a compensable injury to his back on February 15, 1977. It appears that the last payment of compensation was made on July 21, 1980, and the case was closed in April 1981. Claimant sustained a further back injury in July 1997. He filed a claim for workers' compensation benefits with regard to that injury and his employer's workers' compensation carrier controverted his right to compensation based on, as here relevant, the preexisting back...

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