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MATTER OF MONTELEONE v. TOWN OF NORTH CASTLE

508649

73 A.D.3d 1422 (2010)

900 N.Y.S.2d 920

In the Matter of the Claim of PIETRO MONTELEONE, Appellant, v. TOWN OF NORTH CASTLE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 27, 2010.

Mercure, J.P.

Claimant injured his shoulder at work in 2005 and filed a claim for workers' compensation benefits. Pursuant to a stipulation negotiated in 2008, claimant and the self-insured employer agreed that claimant suffered a 25% schedule loss of use of his right arm entitling him to an award encompassing 78 weeks of compensation. Inasmuch as claimant had been paid full wages for 46 days when he was absent from work...

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