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APPEAL OF WALKER

No. 97-620.

144 N.H. 181 (1999)

APPEAL OF JESSICA WALKER (New Hampshire Compensation Appeals Board)

Supreme Court of New Hampshire.

September 8, 1999.

Attorney(s) appearing for the Case

Mullaney & Richardson, P.A., of Rochester (John G. Richardson on the brief and orally), for the petitioner.

Sulloway & Hollis, P.L.L.C., of Concord (James E. Owers and Richard P. McCaffrey on the brief, and Mr. McCaffrey orally), for the respondent, Newick's Lobster House, Inc.

BRODERICK, J.

The petitioner, Jessica Walker, appeals the decision of the New Hampshire Compensation Appeals Board (board) denying her claim for workers' compensation benefits. On appeal, the petitioner argues that (1) the board's decision was contrary to the weight of the evidence, and (2) the board erred if it concluded that a preexisting condition was the cause of her back complaints and resulting surgery. We vacate and remand.

In June 1993, the petitioner...

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