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MATTER OF MANDZIARA v. LOWE'S HOME CENTERS

41 A.D.3d 1020 (2007)

839 N.Y.S.2d 264

In the Matter of the Claim of JOHN MANDZIARA, Respondent, v. LOWE'S HOME CENTERS, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 14, 2007.

Peters, J.

In 1995, claimant sustained a back injury in Pennsylvania which resulted in the establishment of a workers' compensation claim in that state. He underwent three unsuccessful back surgeries before a fourth surgery, in June 2001, ultimately relieved his symptoms. In May 2003, claimant injured his back while working in Broome County as a mill work specialist for Lowe's Home Centers (hereinafter the employer), prompting the current workers' compensation claim...

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