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IN THE MATTER OF JOHNSON v. LEXINGTON CTR.

7 A.D.3d 7 (2004)

773 N.Y.S.2d 742

IN THE MATTER OF PATRICK JOHNSON, Appellant, v. LEXINGTON CENTER ET AL., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

March 18, 2004.

Attorney(s) appearing for the Case

Silverman, Silverman & Seligman P.C., Schenectady (Lisa M. Tumminelli of counsel), for appellant.

Vecchione, Vecchione & Connors L.L.P., Williston Park (Myles Magbitang of counsel), for Lexington Center and another, respondents.

CARDONA, P.J., PETERS and CARPINELLO, JJ., concur.

OPINION OF THE COURT

KANE, J.

In 1991, claimant injured his back in the course of his employment. He was 20 years old. After he filed a claim for workers' compensation benefits, a Workers' Compensation Law Judge (hereinafter WCLJ) established accident, notice and causal relationship, then set the initial average weekly wage at $256.85 subject to a wage expectancy adjustment, pursuant to Workers' Compensation...

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