Claim of Fazzary v. Niles

In November 2002, claimant began employment with Borg Warner Company (hereinafter the employer) and was assigned work that required repetitive movement of his neck and arms. In July 2003, claimant began experiencing pain in his neck and right shoulder. He eventually stopped working in July 2004. His claim for workers’ compensation benefits was established for an occupational disease of the neck and shoulder. Thereafter, the employer raised the issue of apportionment, pursuant to Workers’ Compensation Law § 44, with claimant’s previous employer, Shepard Niles, where he had been employed for 28…