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MATTER OF KASS v. CLUB MART OF AM., INC.

160 A.D.2d 1148 (1990)

In the Matter of the Claim of Morton Kass, Respondent, v. Club Mart of America, Inc., 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.

April 19, 1990

Harvey, J.

Claimant was employed as a manager by Club Mart of America, Inc. (hereinafter the employer) in New York City when he injured his back and right knee on January 15, 1985 while he was sorting and moving cartons of merchandise. Claimant was ultimately hospitalized for his accidental injury and at that time gave a prior history of hypertension and diabetes. In July 1986, accident, notice and causal relationship were established for claimant's back...

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