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MATTER OF DILLABOUGH v. JAQUITH INDUSTRIES, INC.

305 A.D.2d 884 (2003)

758 N.Y.S.2d 851

In the Matter of the Claim of RICHARD L. DILLABOUGH, Respondent, v. JAQUITH INDUSTRIES, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 22, 2003.

Lahtinen, J.

As the result of an established occupational injury to his right elbow, claimant was rendered unable to perform his regular duties as a welder and assembler for the employer and accepted a position in the employer's shipping department at a reduced rate of pay. A Workers' Compensation Law Judge (hereinafter WCLJ) determined that claimant was permanently partially disabled as a result of his injury and made a continuing award of workers' compensation benefits...

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