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MATTER OF EIMERS v. LEE'S REST.

162 A.D.2d 850 (1990)

In the Matter of the Claim of Marjorie M. Eimers, Respondent, v. Lee's Restaurant et al., Appellants, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent

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

June 21, 1990

Harvey, J.

On June 12, 1978, claimant fell off a stool and broke her right ankle while she was working as a waitress in a restaurant. The employer's workers' compensation insurance carrier immediately began compensation payments. Claimant had previously injured her right knee in 1975 and the carrier consequently served notice of its intention to seek reimbursement from the Special Disability Fund (hereinafter...

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