Claim of Johnson v. Feinberg-Smith Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed October 17, 2001, which ruled that apportionment did not apply to claimant’s workers’ compensation award.
In 1983 and again in 1995, claimant sustained compensable work-related injuries to his back while employed by the Broome County Highway Department. In 1999, claimant sustained another back injury while lifting a bag into a truck at work for *827the current employer, which forms the basis of the present claim. The Workers’ Compensation Law Judge established the case for a work-related injury, set an average weekly wage and ruled,…
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