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IN THE MATTER OF CLAIM OF BARSUK v. JOSEPH BARSUK, INC.

24 A.D.3d 1118 (2005)

807 N.Y.S.2d 195

In the Matter of the Claim of JOSEPH BARSUK, Appellant, v. JOSEPH BARSUK, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 29, 2005.

ROSE, J.

In 1997, claimant suffered a near amputation of his right arm when he fell into a scrap metal shearing machine on which he was performing maintenance. As a result of this accident, claimant applied for and received workers' compensation benefits. In 2003, a Workers' Compensation Law Judge rejected claimant's position that he was totally industrially disabled, determined that he had a 90% schedule loss of use of the right arm and made a corresponding award...

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