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MATTER OF McCLAM v. AMERICAN AXLE & MANUFACTURING

508634.

79 A.D.3d 1315 (2010)

911 N.Y.S.2d 685

In the Matter of the Claim of TYRONE McCLAM, Respondent, v. AMERICAN AXLE & MANUFACTURING et al., Appellants, and CF MOTORFREIGHT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 9, 2010.

McCARTHY, J.

Claimant suffered a right shoulder injury in 1997 while working for CF Motorfreight. His workers' compensation claim for that injury was established and eventually resolved with a 12% schedule loss of use of his right arm. While working for American Axle & Manufacturing in 2000, claimant again injured his right shoulder, resulting in another established workers' compensation claim. American Axle requested reduction of its

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