MATTER OF MURPHY v. RIVERSIDE GAS & OIL

513395.

98 A.D.3d 1206 (2012)

951 N.Y.S.2d 764

2012 NY Slip Op 6343

In the Matter of the Claim of KENNETH MURPHY, Respondent, v. RIVERSIDE GAS & OIL et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

September 27, 2012.


McCarthy, J.

Claimant was employed as an oil truck driver for over 20 years. In 2004, he applied for workers' compensation benefits based upon pain in his right shoulder and rotator cuff that was the result of traveling "over many miles for years of work." His claim was established with a date of injury of October 7, 1998 and a date of disability of August 4, 2004. Claimant eventually underwent surgery on his rotator cuff in 2007. The employer and its workers' compensation...

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