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IN THE MATTER OF CLAIM OF CUNNINGHAM v. WESSANEN USA, INC.

20 A.D.3d 651 (2005)

797 N.Y.S.2d 657

In the Matter of the Claim of JOHN CUNNINGHAM, Appellant, v. WESSANEN USA, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

July 7, 2005.

Lahtinen, J.

In 1991, claimant sustained a work-related back injury for which he had surgery and he received a lump-sum award based upon a classification of a permanent partial disability. After several years, he returned to work as a truck driver, but in 2002 he reinjured his back while working. A Workers' Compensation Law Judge found a mild disability and apportioned the disability one third to the 1991 accident and two...

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