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IN THE MATTER OF CLAIM OF MARSHALL

55 A.D.3d 1189 (2008)

866 N.Y.S.2d 426

In the Matter of the Claim of GARY MARSHALL, Respondent, v. ROTH BROTHERS SMELTING CORPORATION et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

October 30, 2008.

Rose, J.

Claimant sustained a work-related injury in July 1995. In 1998, after a hearing, the Workers' Compensation Law Judge found the total value of a schedule loss of use award to be $44,391. Of that total, claimant received the proceeds of a settlement with a third party in the amount of $15,333.33 and a deficiency award of compensation in the amount of $29,082.02 that was paid by the employer's workers' compensation carrier. Claimant withdrew all other claims...

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