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MATTER OF DILIBERTO v. HICKORY FARMS, INC.

265 A.D.2d 759 (1999)

697 N.Y.S.2d 378

In the Matter of the Claim of FRANK DILIBERTO, Appellant, v. HICKORY FARMS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 28, 1999.

Carpinello, J.

A December 30, 1987 work-related accident resulted in a workers' compensation award in claimant's favor for injuries to his "back and neck". This award was subsequently expanded by the Workers' Compensation Law Judge to include his lower back. In response, the employer and insurance carrier filed an application for Workers' Compensation Board review arguing that claimant's herniated disc (subsequently confirmed in a 1990 CAT scan) could not have been...

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