MATTER OF WINTERS v. ROMAN CATHOLIC DIOCESE


41 A.D.3d 1120 (2007)

839 N.Y.S.2d 301

In the Matter of the Claim of KATHLEEN WINTERS, Respondent, v. ROMAN CATHOLIC DIOCESE et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 28, 2007.


Peters, J.

On November 12, 1999, claimant injured her right knee during the course of her employment with the Roman Catholic Diocese (hereinafter the primary employer). During the three months that she was out of work from that injury, she underwent a meniscectomy. In September 2001, the Workers' Compensation Board addressed the compensability of the claim and continued the case for further medical evidence on the issue of permanency. At a later hearing, a determination...

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