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MATTER OF BLOOMINGDALE v. REALE CONSTRUCTION CO. INC.

524528.

161 A.D.3d 1406 (2018)

76 N.Y.S.3d 665

2018 NY Slip Op 03575

In the Matter of the Claim of Scott Bloomingdale, Appellant, v. Reale Construction Co. Inc. et al., Respondents. Workers' Compensation Board, Respondent. (And Another Related Proceeding.).

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

Decided May 17, 2018.

In 1992, claimant, a heavy equipment operator working for Micheli Corporation sustained a work-related injury to his lower back and was ultimately classified with a nonschedule permanent partial disability. By a decision of a Workers' Compensation Law Judge (hereinafter WCLJ), filed July 8, 2011, the Special Fund for Reopened Cases assumed...

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