MATTER OF BROWN v. AMERICAN BALLET THEATRE


13 A.D.3d 797 (2004)

787 N.Y.S.2d 140

In the Matter of the Claim of GABRIELLE BROWN, Appellant, v. AMERICAN BALLET THEATRE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 9, 2004.


Lahtinen, J.

Claimant, a ballet dancer, injured her back during a performance in July 1991. She filed a claim for workers' compensation benefits and, following a hearing, her claim was established for accident, notice and causal relationship and an average weekly wage was set. In October 1999, she was classified as having a permanent partial disability. Thereafter, further proceedings were conducted on the issue of whether there should be apportionment between claimant...

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