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IN THE MATTER OF CLAIM OF NEAL v. BLUE CIRCLE CEMENT

28 A.D.3d 1049 (2006)

814 N.Y.S.2d 331

In the Matter of the Claim of LAVERN NEAL, Appellant, v. BLUE CIRCLE CEMENT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

April 27, 2006.

Mercure, J.

Claimant, a laborer for a cement manufacturing company, suffered a compensable back injury when he was struck by a yard train in November 1998. Claimant was out of work for eight months and then returned to full-duty work. In January 2002, claimant injured his back while picking up a bag of cement. A workers' compensation law judge (hereinafter WCLJ) conducted a hearing to address numerous issues on claimant's separate claims from the November 1998 and...

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