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MATTER OF HERBERGER v. THOMAS JOHNSON, INC.

526309.

172 A.D.3d 1830 (2019)

100 N.Y.S.3d 454

2019 NY Slip Op 04239

In the Matter of the Claim of Michael J. Herberger, Claimant, v. Thomas Johnson, Inc., Respondent, and Special Fund for Reopened Cases, Appellant. Workers' Compensation Board, Respondent.

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

Decided May 30, 2019.

In 1991, claimant, a bricklayer, injured his back and, in 1997, was found to have a permanent partial disability. Claimant also had a prior established claim for an injury to his back in 1990. In 1995, upon the application by the employer's workers' compensation carrier, the Workers' Compensation Board issued a decision directing that...

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