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MATTER OF JOHNSON v. ONONDAGA HEATING & AIR CONDITIONING

301 A.D.2d 903 (2003)

754 N.Y.S.2d 430

In the Matter of the Claim of JAMIE JOHNSON, Respondent, v. ONONDAGA HEATING & AIR CONDITIONING, Appellant, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 23, 2003.

Peters, J.

In November 1996, while claimant was employed by Onondaga Heating & Air Conditioning (hereinafter the employer), he injured his back while lifting a garage door. Initially, claimant's doctors considered him to be fully disabled yet, as his condition improved, he was authorized and did return to light duty in February 1997. By March 1997, however, he was laid off due to a lack of work. Kenneth Sweeney, one of the employer's owners, testified that claimant...

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