Claim of Thomas v. Crucible Materials Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a decision of the Workers’ Compensation Board, filed February 25, 2009, which denied claimant’s application to reopen his workers’ compensation claim.
Claimant suffered injuries to his right shoulder as a result of a 2002 work-related fall. He thereafter underwent surgery to repair a massive tear in his right rotator cuff, but an MRI performed approximately six months later revealed that the *1324repair had failed. Claimant’s treating physician, Thomas Small-man, determined that claimant was totally disabled unless his employer could accommodate his limitations with sedentary…
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