Claim of Rafferty v. Four Corners, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Crew III, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed July 1, 2004, which, inter alia, ruled that apportionment applied to claimant’s workers’ compensation award.
Claimant suffered a work-related injury to his lower back in 1996 and was found to be permanently partially disabled. Claimant settled that workers’ compensation claim pursuant to Workers’ Compensation Law § 32 and received Social Security disability benefits for approximately five years before he returned to work part time as a general helper in the employer’s custom *841wood shop. In February 2003, claimant…
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