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IN THE MATTER OF THE CLAIM OF ARMAGANIAN

26 A.D.3d 537 (2006)

807 N.Y.S.2d 741

In the Matter of the Claim of CHARLES ARMAGANIAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 2, 2006.

Claimant worked as design draftsman for a steel manufacturing company. In December 2001, during a scheduled vacation, he was hospitalized and underwent surgery to have a pacemaker implanted. Although his doctor eventually cleared him for work, the employer did not allow him to return because of the presence of electromagnetic fields in claimant's work area that would adversely affect his pacemaker. Claimant applied for and received...

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