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MATTER OF LEWIS v. STEWART'S MARKETING CORPORATION

509948.

90 A.D.3d 1345 (2011)

935 N.Y.S.2d 675

2011 NY Slip Op 9222

In the Matter of the Claim of MICHAEL LEWIS, Respondent, v. STEWART'S MARKETING CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 22, 2011.

PETERS, J.P.

Claimant sustained serious injuries to his head and right shoulder while working for the employer in 1997 and was awarded workers' compensation benefits. In 2008, the employer sought a hearing to determine the degree and permanency of claimant's disability. Claimant thereafter provided an updated medical report indicating that he had a permanent total disability. The employer submitted an independent medical report indicating that claimant suffered a...

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