Claim of Bushey v. Ridge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 22, 2009, which discharged the Special Disability Fund from liability under Workers’ Compensation Law § 15 (8) (d).
Claimant was employed as a certified nursing aide and injured her back and left hip in an accident at work. Her claim for workers’ compensation benefits was established, and she was eventually found to have sustained a permanent partial disability. In the course of the workers’ compensation proceedings, a physician conducting an independent medical examination of claimant noted that she had preexisting…
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