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MATTER OF CONNELL v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

49 A.D.3d 1055 (2008)

857 N.Y.S.2d 240

In the Matter of the Claim of WILLIAM CONNELL, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 20, 2008.

Kane, J.

Claimant sustained a compensable injury to his back, hip and ankle in 2001 that was ultimately found to be a permanent partial disability. In October 2002, claimant returned to work after back surgery, restricted to light duty with limited lifting. Claimant went out of work again in October 2003 and was cleared to return to light duty one month later. At approximately the same time, however, claimant notified the...

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