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MATTER OF MARTIN v. NEW YORK TELEPHONE

46 A.D.3d 1136 (2007)

848 N.Y.S.2d 730

In the Matter of the Claim of DAVID MARTIN, Respondent, v. NEW YORK TELEPHONE et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 20, 2007.

Crew III, J.

Claimant injured his left knee in 1987 for which he received workers' compensation benefits and was found to have suffered a 15% schedule loss of use. Claimant reinjured the knee in 1995, filed a second workers' compensation claim and again was awarded benefits.

In August 1998, claimant and his employer entered into a Workers' Compensation Law § 32 settlement agreement wherein claimant relinquished all claims for benefits for the two injuries...

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