MATTER OF MALAVENDA v. NEW YORK TEL. CO.


188 A.D.2d 962 (1992)

In the Matter of the Claim of Barbara Malavenda, Respondent, v. New York Telephone Company, Appellant. Workers' Compensation Board, Respondent

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

December 31, 1992


Claimant received periodic breast examinations as a part of the employer's breast cancer screening program. Claimant subsequently was found to have breast cancer, necessitating surgery. Claimant commenced a medical malpractice action against the employer and certain of its medical staff alleging that her condition was misdiagnosed. The defendants in that action argued that claimant was relegated to recovery of workers' compensation benefits, and Supreme Court withheld decision...

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