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MATTER OF KROMER v. UPS SUPPLY CHAIN SOLUTIONS

533217.

206 A.D.3d 1413 (2022)

172 N.Y.S.3d 142

2022 NY Slip Op 04072

In the Matter of the Claim of Douglas A. Kromer, Appellant, v. UPS Supply Chain Solutions et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Bronk & Somers PC, Rochester (Daniel A. Bronk of counsel), for appellant.

Falge, LaClair, Hvozda & Cassidy, PC, Syracuse (Jason L. Cassidy of counsel), for UPS Supply Chain Solutions and another, respondents.

Clark, J.P., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

In 2018, claimant established a claim for workers' compensation benefits after he suffered a work-related tear of the rotator cuff in his left shoulder. John Gibbs, claimant's orthopedic surgeon, found that claimant had reached maximum medical improvement and that he had sustained a 35% schedule loss of use (hereinafter SLU) of the left...

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