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MATTER OF NIKOLAEVA v. CATTARAUGUS COUNTY NURSING HOME

37 A.D.3d 969 (2007)

828 N.Y.S.2d 923

In the Matter of the Claim of GALINA NIKOLAEVA, Appellant, v. CATTARAUGUS COUNTY NURSING HOME et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 15, 2007.

Claimant, a nurse's aide, was awarded workers' compensation benefits after sustaining injuries when a nursing home patient struck her in the head. Her compensation was subsequently set at a moderate to marked rate of disability. The Workers' Compensation Board thereafter issued a decision which, among other things, rejected claimant's request to have her compensation increased to reflect a total rate of disability. Without appealing that decision to this Court, claimant instead...

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