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MATTER OF LUPASCU v. UTOG 2-WAY RADIO

2 A.D.3d 915 (2003)

767 N.Y.S.2d 700

In the Matter of the Claim of RADU LUPASCU, Respondent, v. UTOG 2-WAY RADIO, Appellant, and STATE INSURANCE FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

December 4, 2003.

Peters, J.

In April 1998, claimant was injured in the course of his employment. Following back surgery, he returned to part-time employment with the same employer for approximately four months after which he ceased working. In a decision filed May 18, 2001, a Workers' Compensation Law Judge (hereinafter WCLJ) classified claimant as "permanently totally disabled" and awarded him benefits.

The State Insurance Fund, the employer's workers' compensation carrier...

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