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IN THE MATTER OF SWEARINGEN v. WASTE STREAM ENVIRONMENTAL, INC.

9 A.D.3d 530 (2004)

778 N.Y.S.2d 925

In the Matter of the Claim of RANDAL SWEARINGEN, Claimant, v. WASTE STREAM ENVIRONMENTAL, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

July 1, 2004.

MUGGLIN, J.

The dispositive issues in this case are identical to those recently decided by this Court in Matter of Hart v Pageprint/ Dekalb (6 A.D.3d 947 [2004]). Thus, the principles of stare decisis mandate an identical result and the matter must be reversed and remitted to the Workers' Compensation Board for further proceedings in accordance with our decision in Hart. We have considered and reject the requests by...

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