Claim of Hogan v. Hilltop Manor of Niskayuna
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed January 4, 2002, as amended by decision filed January 10, 2002, which apportioned one half of claimant’s disability to a preexisting condition.
Claimant began her position as a respiratory therapist with the employer in October 1998. Her last day of employment was November 25, 1999 when she sustained a back injury while lifting a patient. Prior to this incident, claimant experienced some discomfort from an “achy low back problem” and sought treatment from a chiropractor in March 1997. Although claimant testified…
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