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MATTER OF TOMLIN v. L & B CONTRACT INDUSTRIES, INC.

307 A.D.2d 682 (2003)

763 N.Y.S.2d 374

In the Matter of the Claim of MARY L. TOMLIN, Appellant, v. L & B CONTRACT INDUSTRIES, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 31, 2003.

Lahtinen, J.

On August 18, 1998, claimant filed a workers' compensation claim asserting that she had injured her back approximately two weeks earlier during the course of her employment. The employer controverted the claim upon several grounds, including that there had not been an accident causing injury to claimant during the course of her employment. Following a hearing at which conflicting evidence was presented, a Workers' Compensation Law Judge (hereinafter WCLJ...

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