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MATTER OF PHILLIPS v. PLAINVILLE TURKEY FARMS, INC.

45 A.D.3d 1061 (2007)

846 N.Y.S.2d 427

In the Matter of the Claim of ELLEN PHILLIPS, Respondent, v. PLAINVILLE TURKEY FARMS, INC., et al., Appellants, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 15, 2007.

Rose, J.

In June 1997, claimant sought treatment for pain in her right arm, shoulder and neck and numbness in the fingers of her right hand. Claimant's condition was diagnosed as calcific tendinitis in her right shoulder, it was causally related to her employment and she underwent surgery to repair her rotator cuff in September 1997. Claimant returned to work in February 1998, and was assigned to duties less physically...

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