Claim of Moore v. St. Peter's Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed January 7, 2004, which ruled that apportionment applied to claimant’s workers’ compensation award.
While employed as a nurse’s aide, claimant sustained two injuries to her back in 1994, requiring surgery. Claimant applied for and received workers’ compensation benefits for the claims, which were consolidated and closed in 1998 after she accepted a lump-sum settlement and was classified with a permanent partial disability. After recovering from surgery, claimant returned to work. Claimant’s back pain returned in 1999 and,…
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