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IN THE MATTER OF STOUDENMYRE v. LORETTO REST NURSING HOME

17 A.D.3d 906 (2005)

793 N.Y.S.2d 290

In the Matter of the Claim of KAY STOUDENMYRE, Appellant, v. LORETTO REST NURSING HOME et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

April 21, 2005.

Spain, J.

Claimant, a personal care aide, sustained an injury to her foot when a patient in an electric wheelchair ran into her. A Workers' Compensation Law Judge (hereinafter WCLJ) established her claim for workers' compensation benefits, made awards and closed the case pending claimant's submission of a medical report regarding the permanency of the injury. Subsequently, the WCLJ requested that the workers' compensation carrier obtain an independent medical examination...

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