MATTER OF WASHBURN v. BOB HOOEY CONSTRUCTION COMPANY


39 A.D.3d 956 (2007)

833 N.Y.S.2d 696

In the Matter of the Claim of GLEN WASHBURN, Claimant, v. BOB HOOEY CONSTRUCTION COMPANY et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 5, 2007.


Mugglin, J.

Claimant was unable to work from May 1991 until February 2001 and received workers' compensation benefits for an established injury to his chest and left shoulder. From then until March 2004, claimant had no compensable lost time but he continued to receive treatment for his neck. Following a motor vehicle accident in March 2003—and reinjury to his neck—he again applied for workers' compensation benefits as of March 22, 2004. Based on voluminous...

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