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MATTER OF DONOVAN v. BOCES ROCKLAND COUNTY

63 A.D.3d 1310 (2009)

880 N.Y.S.2d 783

In the Matter of the Claim of NOREEN DONOVAN, Appellant, v. BOCES ROCKLAND COUNTY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 11, 2009.

Lahtinen, J.

Claimant, a speech therapist who worked with special needs children, filed a claim for workers' compensation benefits asserting that she sustained a right shoulder injury in May 2001 when a student grabbed her. An MRI of her right shoulder revealed a rotator cuff tear, which was surgically repaired in June 2001. At a follow-up visit in January 2002, her surgeon noted for the first time that she had "weakness...

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