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MATTER OF MUSE v. ASPLUNDH CONSTR.

533139.

201 A.D.3d 1115 (2022)

161 N.Y.S.3d 457

2022 NY Slip Op 00102

In the Matter of the Claim of Scot A. Muse, Appellant, v. Asplundh Construction et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

John F. Clennan, Ronkonkoma, for appellant.

Tanisha S. Edwards, State Insurance Fund, Albany, for Asplundh Construction and another, respondents.

Letitia James, Attorney General, New York City (Nina M. Sas of counsel), for Workers' Compensation Board, respondent.

Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

In 2018, claimant suffered work-related injuries to his right hip and knee and his claim for workers' compensation benefits was established. The claim was later amended to include a back injury. In May 2020, a Workers' Compensation Law Judge (hereinafter WCLJ) found that claimant was at maximum medical improvement and apportioned...

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