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MATTER OF JOHNSON v. FEINBERG-SMITH ASSOCIATES, INC.

305 A.D.2d 826 (2003)

759 N.Y.S.2d 592

In the Matter of the Claim of DAVID H. JOHNSON, Claimant, v. FEINBERG-SMITH ASSOCIATES, INC., et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 15, 2003.

Spain, J.

In 1983 and again in 1995, claimant sustained compensable work-related injuries to his back while employed by the Broome County Highway Department. In 1999, claimant sustained another back injury while lifting a bag into a truck at work for the current employer, which forms the basis of the present claim. The Workers' Compensation Law Judge established the case for a work-related injury, set an average weekly...

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