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MATTER OF BREMNER v. NEW VENTURE GEAR

31 A.D.3d 848 (2006)

819 N.Y.S.2d 142

In the Matter of GEORGE BREMNER, Respondent, v. NEW VENTURE GEAR, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

July 6, 2006.

Carpinello, J.

Claimant underwent a right knee replacement surgery in 1991 due to a condition wholly unrelated to his employment. In October 2002, claimant fell at work and sustained injuries to his right shoulder and right knee. As a result, he experienced increasing pain in his right knee attributable to the loosening of its replacement components ultimately requiring surgery. A Workers' Compensation Law Judge thereafter determined that apportionment did not apply...

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