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MATTER OF KESTLER v. OLD CASTLE CALLANAN INDUSTRIES, INC.

46 A.D.3d 957 (2007)

846 N.Y.S.2d 772

In the Matter of the Claim of ED KESTLER, Appellant-Respondent, v. OLD CASTLE CALLANAN INDUSTRIES, INC., et al., Respondents-Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 6, 2007.

Carpinello, J.

In 2003, claimant filed a claim for workers' compensation benefits alleging that he had sustained injuries to his neck and back from regularly operating a front-end loader with mismatched tires. At an ensuing hearing, claimant testified that he had no back or neck problems prior to his claimed work-related injuries, but the employer presented evidence of a history of prior similar injuries. Ultimately, the Workers' Compensation Law Judge (hereinafter...

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