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MATTER OF RETZ v. SURPASS CHEMICAL COMPANY, INC.

39 A.D.3d 1037 (2007)

834 N.Y.S.2d 389

In the Matter of the Claim of JOHN RETZ, Appellant, v. SURPASS CHEMICAL COMPANY, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 19, 2007.

Mercure, J.P.

Claimant sustained work-related injuries in May 1994 and began receiving workers' compensation benefits at that time. In 2000, the employer's workers' compensation carrier raised the issue of Workers' Compensation Law § 114-a, contending that claimant had misled its medical examiner regarding the extent of his injuries. Following hearings, a Workers' Compensation Law Judge reclassified claimant as permanently, partially disabled, determined that...

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