Bremner v. New Venture Gear
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from a decision of the Workers’ Compensation Board, filed January 10, 2005, which ruled that apportionment did not apply to claimant’s workers’ compensation award.
Claimant underwent a right knee replacement surgery in 1991 due to a condition wholly unrelated to his employment. In October 2002, claimant fell at work and sustained injuries to his right shoulder and right knee. As a result, he experienced increasing pain in his right knee attributable to the loosening of its replacement components ultimately requiring surgery. A Workers’ Compensation Law Judge thereafter determined that…
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