Claim of Cunningham v. Wessanen USA, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 7, 2004, which ruled, inter alia, that claimant’s permanent partial disability was causally related to a prior work-related injury and that apportionment was warranted.
In 1991, claimant sustained a work-related back injury for which he had surgery and he received a lump-sum award based upon a classification of a permanent partial disability. After sev*652eral years, he returned to work as a truck driver, but in 2002 he reinjured his back while working. A Workers’ Compensation Law Judge found a mild disability and apportioned…
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