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MATTER OF HATTER v. NEW VENTURE GEAR

305 A.D.2d 757 (2003)

759 N.Y.S.2d 573

In the Matter of the Claim of KAREN HATTER, Appellant, v. NEW VENTURE GEAR et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 8, 2003.

Crew III, J.P.

Claimant, an apprentice tinsmith, sustained two work-related injuries to her back in 1996 and 1999, and thereafter sought and received workers' compensation benefits. In March 2001, the employer's workers' compensation carrier sought to suspend payments based upon an independent medical examination indicating that claimant was capable of performing a light-duty assignment and claimant's subsequent failure to

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