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MATTER OF VISIC v. O'NERO & SONS CONSTR. CO.

513559.

96 A.D.3d 1266 (2012)

947 N.Y.S.2d 665

2012 NY Slip Op 5054

In the Matter of the Claim of NEVEN VISIC, Appellant, v. O'NERO & SONS CONSTRUCTION COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

June 21, 2012.

Kavanagh, J.

Claimant sustained compensable injuries to his back and neck in 2000 while lifting a bag of cement and he, thereafter, was awarded workers' compensation benefits. Following back surgery in 2002, claimant was classified with a permanent partial disability. In September 2008, as relevant to this proceeding, the Workers' Compensation Board found claimant to have a marked permanent partial disability. That determination was

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