MATTER OF WILTSIE v. OWENS CORNING FIBERGLASS


43 A.D.3d 577 (2007)

840 N.Y.S.2d 493

In the Matter of the Claim of ALLAN WILTSIE, Appellant, v. OWENS CORNING FIBERGLASS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided August 9, 2007.


Spain, J.

Claimant suffered a compensable low back injury in October 1995. Following treatment, claimant continued working for the employer, but his back problems persisted resulting in work restrictions and his eventual designation and accommodations under the Americans with Disabilities Act of 1990 (hereinafter ADA). Beginning in 2002, claimant was permitted to work 12-hour shifts on a schedule of three days on and three days off, but, in May 2003, the employer...

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