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MATTER OF WHITMORE v. CARRIER CORPORATION

50 A.D.3d 1404 (2008)

857 N.Y.S.2d 286

In the Matter of the Claim of RICHARD WHITMORE, Appellant, v. CARRIER CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 24, 2008.

Cardona, P.J.

Claimant sustained a work-related injury to his back in November 1999. Claimant returned to work in a light-duty position until August 2002, at which time his congestive heart condition forced him to cease working altogether. Claimant was found to have a permanent marked partial disability with regard to his back as of October 14, 2002 and contended that he was entitled to wage loss benefits as of that date. A Workers' Compensation Law Judge disagreed...

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