Claim of Kass v. Club Mart of America, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHarvey, J.
Appeal from a decision of the Workers’ Compensation Board, filed February 1, 1989, which directed that an award of workers’ compensation benefits be paid by the Special Disability Fund.
Claimant was employed as a manager by Club Mart of America, Inc. (hereinafter the employer) in New York City when he injured his back and right knee on January 15, 1985 while he was sorting and moving cartons of merchandise. Claimant was ultimately hospitalized for his accidental injury and at that time gave a prior history of hypertension and diabetes. In July 1986, accident, notice and causal relationship…
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