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MATTER OF HUSS v. TOPS MARKETS, INC.

13 A.D.3d 768 (2004)

787 N.Y.S.2d 147

In the Matter of the Claim of CHARLES HUSS, Appellant, v. TOPS MARKETS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 9, 2004.

Mugglin, J.

In 1985, while employed by Dunlop Tire, claimant sustained a right shoulder injury for which he was classified as permanently partially disabled and received workers' compensation benefits. In 1998, while employed by Tops Markets, Inc., claimant again injured his right shoulder. He applied for workers' compensation benefits and, in April 1999, a Workers' Compensation Law Judge found accident, notice and causal...

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