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MATTER OF SUSI v. BERMIL CONTRACTING COMPANY

256 A.D.2d 826 (1998)

681 N.Y.S.2d 676

In the Matter of the Claim of CONCETTA SUSI, Appellant, v. BERMIL CONTRACTING COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 17, 1998.

Mercure, J.

Claimant's decedent suffered a compensable knee injury in 1980 and was awarded workers' compensation benefits based upon a permanent partial disability. In 1990, decedent was standing on a ladder repairing a window sill on the second floor of his home when he cried out in pain that his leg hurt and fell to the ground, sustaining fatal injuries. Finding that decedent's act of climbing the ladder with knowledge...

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