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NICPON v. ZELASKO CONSTR INC.

No. 517023.

120 A.D.3d 66 (2014)

987 N.Y.S.2d 650

2014 NY Slip Op 4102

In the Matter of the Claim of ANTHONY NICPON, Respondent, v. ZELASKO CONSTRUCTION, INC., et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 5, 2014.

Attorney(s) appearing for the Case

Steven M. Licht, Special Funds Conservation Committee, Albany ( Jill B. Singer of counsel), for appellant.

Hamberger & Weiss, Buffalo ( Renee E. Heitger of counsel), for Zelasko Construction, Inc. and another, respondents.

LAHTINEN, J.P., GARRY and ROSE, JJ., concur.

OPINION OF THE COURT

STEIN, J.

Claimant sustained an injury to his lower back in March 2003 and a workers' compensation claim was thereafter established for a temporary partial disability. In October 2005, claimant was classified with a permanent partial disability and the self-insured employer and its third-party administrator (hereinafter collectively referred to as the employer) were directed to continue payments at a tentative reduced earnings rate of...

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