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MATTER OF CLAIM OF COLLEY v. ENDICOTT JOHNSON CORPORATION

60 A.D.3d 1213 (2009)

875 N.Y.S.2d 337

In the Matter of the Claim of CHARLES COLLEY, Appellant, v. ENDICOTT JOHNSON CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent. (Claim No. 1.) In the Matter of the Claim of CHARLES COLLEY, Appellant, v. MCS CARRIERS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent. (Claim No. 2.)

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

Decided March 19, 2009.

ROSE, J.

Claimant suffered a work-related injury to his back in December 1985 and the claim was closed after the last payment of workers' compensation benefits was made on March 18, 1986. On November 17, 2004, claimant allegedly injured his back while working in Ohio as a truck driver for employer MCS Carriers. Based upon this incident, claimant filed a new claim for workers' compensation benefits and also applied to reopen the 1985 claim. A Workers' Compensation...

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