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MATTER OF HERNANDEZ v. GUARDIAN PURCHASING CORPORATION

50 A.D.3d 1258 (2008)

855 N.Y.S.2d 704

In the Matter of the Claim of ELVIS L. HERNANDEZ, Appellant, v. GUARDIAN PURCHASING CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 11, 2008.

Kane, J.

Claimant sustained a work-related injury to his back in May 1988. His application for workers' compensation benefits was approved and, in January 1990, his case was closed with continuing treatment to be provided. In November 2002, while working for another employer, claimant began experiencing neck pain. In addition to filing a claim with his new employer, claimant sought to reopen his earlier case arising from the 1988 accident to include a neck injury...

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