MATTER OF CLARK v. L & H WINDOW ERECTORS


306 A.D.2d 712 (2003)

761 N.Y.S.2d 391

In the Matter of the Claim of TIMOTHY CLARK, Appellant, v. L & H WINDOW ERECTORS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 19, 2003.


Peters, J.

Claimant suffered established neck, back, right shoulder, right arm and facial injuries as a result of a June 1992 work-related fall. Claimant underwent surgery to repair his right rotator cuff in 1993, but this surgery did not relieve the instability in claimant's right shoulder. In 1998, while claimant was continuing to experience right shoulder instability, the Workers' Compensation Board approved a $60,515 lump-sum non-schedule adjustment, pursuant...

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