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MATTER OF FORSHEE v. GATES ALBERT, INC.

509991.

78 A.D.3d 1474 (2010)

912 N.Y.S.2d 449

In the Matter of the Claim of CHRISTOPHER FORSHEE, Appellant, v. GATES ALBERT, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 24, 2010.

PETERS, J.

Claimant obtained workers' compensation benefits for back injuries in 1988 and 1995, and was classified as having a permanent partial disability attributable to both. He continued to work when well enough to do so and, in 1998, entered into lump-sum settlements for both claims. Claimant sustained another work-related back injury in 2007. Following hearings, a workers' compensation law judge determined that claimant had a

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