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MATTER OF SUAREZ v. FREEPORT MEM'L LIBRARY

140 A.D.2d 776 (1988)

In the Matter of the Claim of Francisco Suarez, Respondent, v. Freeport Memorial Library et al., Respondents, and Special Disability Fund, Appellant. Workers' Compensation Board, Respondent

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

May 5, 1988

Mercure, J.

On October 17, 1979, claimant sustained a compensable back injury. The employer's workers' compensation carrier gave notice of a claim for reimbursement out of the Special Disability Fund pursuant to Workers' Compensation Law § 15 (8) (d), alleging a 1965 laminectomy as a previous physical impairment. Following a hearing and submission of medical reports, a Workers' Compensation Law Judge found that the carrier was entitled to reimbursement...

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