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SPYHALSKY v. CROSS CONSTR.

294 A.D.2d 23 (2002)

743 N.Y.S.2d 212

In the Matter of the Claim of STEPHEN SPYHALSKY, Respondent, v. CROSS CONSTRUCTION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

June 13, 2002.

Attorney(s) appearing for the Case

Ryan, Roach & Ryan P.C., Kingston (Richard T. Cahill Jr. of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Howard B. Friedland of counsel), for Workers' Compensation Board, respondent.

Ralph M. Kirk, Kingston, for Stephen Spyhalsky, respondent.

CREW III, J.P., SPAIN, CARPINELLO and ROSE, JJ., concur.

OPINION OF THE COURT

PETERS, J.

In this case of first impression, the issue distills to whether Workers' Compensation Law § 13 (a) requires a workers' compensation carrier to be liable for a procedure involving the extraction of sperm from an injured worker and intrauterine insemination of his wife where it has been determined that it is both medically necessary for procreation and that claimant is suffering from a causally related injury resulting...

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