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MATTER OF CLAIM OF O'FLAHERTY v. MRZ TRUCKING CORP.

530257.

194 A.D.3d 1205 (2021)

148 N.Y.S.3d 282

2021 NY Slip Op 03088

In the Matter of the Claim of James O'Flaherty, Appellant, v. MRZ Trucking Corp. et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Grey & Grey, LLP, Farmingdale ( Brian P. O'Keefe of counsel), for appellant.

Weiss, Wexler & Wornow, PC, New York City ( J. Evan Perigoe of counsel), for MRZ Trucking Corp. and another, respondents.

Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.

Claimant, a tractor trailer driver, has an established claim for a work-related injury to his back sustained in 2010 for which medical care was authorized and benefits were awarded. In 2014, a Workers' Compensation Law Judge (hereinafter WCLJ) classified claimant as having a permanent partial disability with an 81% loss of wage-earning...

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