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IN THE MATTER OF DANUSSI v. CHATEAUGAY A.S.A.C.T.C.

56 A.D.3d 856 (2008)

866 N.Y.S.2d 446

In the Matter of the Claim of STEPHEN A. DANUSSI, Appellant, v. CHATEAUGAY A.S.A.C.T.C. et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 6, 2008.

Carpinello, J.

Claimant, a correction officer, sustained a compensable injury to his lower back and right leg in August 2002 and filed a claim for benefits. Claimant returned to work without any medical restrictions and continued in that capacity until December 2005, when he decided to retire one month after attaining his 25th year of service. A hearing regarding claimant's application for postretirement benefits ensued, at the conclusion of which claimant was classified...

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