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MTR. OF BELMONTE v. SNASHALL

2 N.Y.3d 560 (2004)

813 N.E.2d 621

780 N.Y.S.2d 541

In the Matter of DOMINIC J. BELMONTE et al., Respondents, v. ROBERT R. SNASHALL, as Chair of New York State Workers' Compensation Board, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure, Caitlin J. Halligan, Wayne L. Benjamin, Nancy A. Spiegel and Peter H. Schiff of counsel), for appellants.

Ganz Wolkenbreit & Friedman, LLP, Albany (Robert E. Ganz of counsel), Hiscock & Barclay LLP (Stephen H. Volkheimer of counsel), and Sullivan, Cunningham, Keenan, Mraz & Lemire (Mary Mraz of counsel) for respondents.

Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal presents a question of statutory interpretation— whether the term "board certified" as used in Workers' Compensation Law § 137 (3) (a) means certification by a medical specialty board or certification by the Workers' Compensation Board (WCB). We also address whether the regulations promulgated by the WCB appropriately defined "board certified" as certification...

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