MATTER OF ELWOOD v. K-MART CORPORATION


289 A.D.2d 794 (2001)

734 N.Y.S.2d 680

In the Matter of the Claim of EUNICE ELWOOD, Respondent, v. K-MART CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 20, 2001.


Crew III, J.

In April 1992, claimant sustained a work-related injury to her lower back, which ultimately required surgical intervention in January 1996. Following her return to employment in August 1996, claimant worked as a telephone receptionist and as a cashier at a register. Claimant thereafter learned that the receptionist position would be eliminated at the end of the year and, as standing for prolonged periods of time at a register caused pain in her back and...

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