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MATTER OF THOMAS v. CRUCIBLE MATERIALS CORP.

508505

73 A.D.3d 1323 (2010)

901 N.Y.S.2d 735

In the Matter of the Claim of JOHN L. THOMAS Sr., Appellant, v. CRUCIBLE MATERIALS CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 13, 2010.

Peters, J.

Claimant suffered injuries to his right shoulder as a result of a 2002 work-related fall. He thereafter underwent surgery to repair a massive tear in his right rotator cuff, but an MRI performed approximately six months later revealed that the repair had failed. Claimant's treating physician, Thomas Smallman, determined that claimant was totally disabled unless his employer could accommodate his limitations with...

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