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MATTER OF LEUENBERGER v. McCALL

235 A.D.2d 906 (1997)

652 N.Y.S.2d 671

In the Matter of Karen L. Leuenberger, Appellant, v. H. Carl McCall, as Comptroller of The State of New York, Respondent

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

January 23, 1997

Mikoll, J. P.

Petitioner, a licensed practical nurse, was loading a patient into a van, a duty she performed routinely. She responded to her supervisor's calls for help when the van's back door, which proved to be rusted at the hinges, started to fall. It was a large door with a spare wheel mounted on it, some 200 pounds in weight. Petitioner's back sustained injury as a result of the physical effort of holding...

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