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MATTER OF CASTRO v. NEW YORK CITY TRANSIT AUTHORITY

50 A.D.3d 1272 (2008)

855 N.Y.S.2d 711

In the Matter of the Claim of RUBEN CASTRO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 11, 2008.

Malone Jr., J.

Claimant suffered compensable injuries to his right knee in 1992 and 1994. In 2001, claimant and the employer's workers' compensation carrier stipulated to a 22.5% schedule loss of use award with respect to such injuries, which was approved by a Workers' Compensation Law Judge, and the cases were closed. When the cases were reopened in June 2005, the carrier was discharged and liability was shifted to the Special Fund for Reopened Cases (hereinafter...

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