MATTER OF BURLEY v. THERIAULT TRANSPORT

511249.

85 A.D.3d 1423 (2011)

925 N.Y.S.2d 676

2011 NY Slip Op 5161

In the Matter of the Claim of LEROY BURLEY, Claimant, v. THERIAULT TRANSPORT et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 16, 2011.


MERCURE, J.P.

Claimant, a truck driver for the employer, sustained multiple injuries in a head-on collision while driving a cement truck in July 2004, the most severe of which was a massive tear of his left rotator cuff. He was awarded benefits based upon his injuries. Prior to 2004, claimant suffered from an array of maladies, and had back surgery in 1994. Hence, the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer...

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