Claim of McClam v. American Axle & Manufacturing
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 9, 2009, which ruled, among other things, that apportionment of claimant’s workers’ compensation award be deferred pending a finding of permanency.
Claimant suffered a right shoulder injury in 1997 while working for CF Motorfreight. His workers’ compensation claim for that injury was established and eventually resolved with a 12% schedule loss of use of his right arm. While working for American Axle & Manufacturing in 2000, claimant again injured his right shoulder, resulting in another established workers’ compensation…
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