Claim of Weingarten v. Pathmark Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Carpinello, J.
Appeal from a decision of the Workers’ Compensation Board, filed January 25, 1995.
While working as a clerk for Pathmark Stores, Inc. (hereinafter the employer) in March 1989, claimant sustained injuries to her head, back and right shoulder when she was struck by a falling 50-póund box of frozen food. Her attempts to return to work were unsuccessful, as she experienced head*649aches, concentration problems, double vision, loss of memory and unsteady gait. She was diagnosed with mild cerebral and cerebellar atrophy resulting in an organic mental syndrome and “multiple cognitive…
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