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IN THE MATTER OF CLAIM OF SOMERS v. DEMCO

26 A.D.3d 621 (2006)

809 N.Y.S.2d 621

In the Matter of the Claim of THOMAS SOMERS, Respondent, v. DEMCO et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

February 9, 2006.

CREW III, J.

In December 1996, claimant filed a claim for workers' compensation benefits based upon a work-related injury that he sustained to his neck. The claim was closed in April 1999 without a finding of permanency. Approximately one year later, in May 2000, the case was administratively reopened and a hearing was scheduled to consider the issue of further causally related lost time. Thereafter, in November 2000, the employer's workers' compensation carrier filed...

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