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IN THE MATTER OF JOHNSON v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENT

12 A.D.3d 748 (2004)

784 N.Y.S.2d 216

In the Matter of the Claim of ELIZABETH JOHNSON, Appellant, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 4, 2004.

Lahtinen, J.

Claimant suffered a work-related knee injury in 1994. Her workers' compensation claim was later amended to include consequential injuries to her back and right shoulder. In 1998, claimant was injured in a motor vehicle accident, and did not return to work after the accident. Claimant retired in March 1999, shortly after turning 62 years old. At an August 1999 hearing, claimant testified that she had planned on retiring at age 65. In February 2001, a Workers...

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