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MATTER OF ROSE v. INTERNATIONAL PAPER COMPANY

290 A.D.2d 664 (2002)

735 N.Y.S.2d 672

In the Matter of the Claim of AMY S. ROSE, Respondent, v. INTERNATIONAL PAPER COMPANY et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 10, 2002.

Lahtinen, J.

When lay witnesses and two doctors scheduled to testify for the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) failed to appear at a scheduled workers' compensation hearing in March 1999, the Workers' Compensation Law Judge (hereinafter WCLJ) denied the employer's request for an adjournment, established the claim and made awards. In its application for Board review, the employer argued, inter alia...

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