Legal Opinion

Claim of Forshee v. Gates Albert, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2010Published

1Opinion of the CourtPeters, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 4, 2009, which ruled that apportion^ ment applied to claimant’s workers’ compensation award.

Claimant obtained workers’ compensation benefits for back injuries in 1988 and 1995, and was classified as having a permanent partial disability attributable to both. He continued to work when well enough to do so and, in 1998, entered into lump-sum settlements for both claims. Claimant sustained another work-related back injury in 2007. Following hearings, a workers’ compensation law judge determined that claimant had a *1475moderate…

2Cases cited2 opinions

  1. Claim of Altobelli v. Allinger Temporary Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Ford v. FucilloAppellate Division of the Supreme Court of the State of New York · 2009

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