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MATTER OF GARIFO v. PATHMARK STORES, INC.

506566.

71 A.D.3d 1205 (2010)

895 N.Y.S.2d 607

In the Matter of the Claim of FRANK GARIFO, Appellant, v. PATHMARK STORES, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondents.

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

Decided March 4, 2010.

Cardona, P.J.

Claimant sustained a work-related injury to his lower back in November 2001 and was awarded workers' compensation benefits until his return to work in March 2002. In January 2006, claimant sought to reopen his case claiming that his condition had worsened and he was unable to work. By decision dated January 8, 2007, the Workers' Compensation Law Judge (hereinafter WCLJ) ruled, among other things, that credible medical

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