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MATTER OF WILCOX v. NIAGARA MOHAWK POWER CORPORATION

507097

69 A.D.3d 1264 (2010)

893 N.Y.S.2d 708

2010 NY Slip Op 613

In the Matter of the Claim of CLYDE F. WILCOX, Respondent, v. NIAGARA MOHAWK POWER CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 28, 2010.

KAVANAGH, J.

Claimant sustained a work-related injury to his right ankle in December 2004, 12 years after undergoing surgery on the same ankle for a condition that was wholly unrelated to his employment. In support of claimant's application for workers' compensation benefits following the 2004 incident, claimant's treating physician opined that claimant suffered a 45% schedule loss of use of his right foot and did not attribute...

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