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MATTER OF ALBANO v. WALDBAUM'S

510534.

82 A.D.3d 1337 (2011)

917 N.Y.S.2d 761

In the Matter of the Claim of VINCENT ALBANO, Respondent, v. WALDBAUM'S et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 3, 2011.

KAVANAGH, J.

In 1996, claimant, while employed as a produce manager in a grocery store, sustained a compensable injury to his right shoulder and neck.1 Thirteen years later, in April 2009, claimant again applied for workers' compensation benefits claiming that in January 2009, he had suffered an injury to his neck, right hand and left leg at work while unloading a pallette and lifting a package over his head. After hearings were conducted...

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