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MATTER OF CLAIM OF DEPEW v. LANCET ARCH, INC.

2 A.D.3d 1013 (2003)

768 N.Y.S.2d 408

In the Matter of the Claim of REX O. DEPEW, Appellant, v. LANCET ARCH, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 11, 2003.

Crew III, J.P.

When this matter was last before us, we affirmed the Workers' Compensation Board's finding that claimant did not sustain an accidental injury in the course of his employment and upheld the resulting denial of claimant's application for workers' compensation benefits (292 A.D.2d 666 [2002]). Claimant thereafter applied to reopen and restore this matter to the trial calendar based upon newly discovered evidence (

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