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MATTER OF SMITH v. WATERVIEW NURSING HOME

13 A.D.3d 744 (2004)

786 N.Y.S.2d 247

In the Matter of the Claim of MARJORIE SMITH, Appellant, v. WATERVIEW NURSING HOME et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 9, 2004.

Mugglin, J.

Claimant, a 63-year-old nurse's aide, sustained multiple injuries on February 24, 1999 when she was kicked by a patient. She filed a claim for workers' compensation benefits and a Workers' Compensation Law Judge established her case for work-related injuries to her back, head and neck. Thereafter, she was evaluated by various physicians, including the physician for the employer's workers' compensation carrier...

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