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MATTER OF BARAGER-DIETER v. KELLY TEMPORARY SERVICES

1 A.D.3d 725 (2003)

767 N.Y.S.2d 156

In the Matter of the Claim of LAURIE BARAGER-DIETER, Respondent, v. KELLY TEMPORARY SERVICES et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

November 13, 2003.

Peters, J.

In 1992, claimant reported injuries to her arms as a result of production work performed for the employer. In 2000, a Workers' Compensation Law Judge found that claimant was permanently partially disabled and the disability was moderate in severity. The Workers' Compensation Board affirmed this determination. Noting the conflicting medical evidence, the Board found that the testimony and report of orthopedic surgeon...

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