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IN THE MATTER OF CLAIM OF MCKENZIE v. NEW YORK JOCKEY INJURY COMPENSATION FUND

27 A.D.3d 1003 (2006)

811 N.Y.S.2d 226

In the Matter of the Claim of DANIEL MCKENZIE, Respondent, v. NEW YORK JOCKEY INJURY COMPENSATION FUND et al., Appellants, and SAL RUSSO RACING STABLES, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

March 23, 2006.

Mugglin, J.

Claimant, an exercise rider at Belmont Racetrack, sustained injuries to his pelvic area while working out a horse in December 2003. Although the New York State Racing and Wagering Board had issued claimant a license authorizing his participation in thoroughbred racing as an exercise rider, his license had expired prior to the date of his accident. Following a hearing, a workers' compensation law judge (hereinafter WCLJ) established claimant's case and...

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