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IN THE MATTER OF CRONK v. LYNDAKER EXCAVATING & TRUCKING

57 A.D.3d 1204 (2008)

870 N.Y.S.2d 503

In the Matter of the Claim of EUGENE CRONK, Appellant, v. LYNDAKER EXCAVATING & TRUCKING et al., Respondents. Workers' Compensation Board, Respondent.

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

December 18, 2008.

ROSE, J.

Claimant seeks compensation for a back injury allegedly sustained in February 2006, when he was unloading a brake drum from a semitrailer in the course of his employment. Claimant filed for workers' compensation benefits in April 2006, but the claim was controverted by the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer). After several hearings and the deposition of claimant's treating orthopedist, a Workers...

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