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MATTER OF HOWARD v. NEW YORK TIMES

302 A.D.2d 698 (2003)

754 N.Y.S.2d 754

In the Matter of the Claim of RUBY HOWARD, Appellant, v. NEW YORK TIMES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 13, 2003.

Rose, J.

In February 1985, claimant was examined by the employer's physician to assess her ability to perform her job-related duties following back surgery. Claimant averred that she was seriously injured in the course of this physical examination when the physician struck her right knee with a reflex hammer. Her subsequent application for workers' compensation benefits resulted in a decision of a panel of the Workers'...

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