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MATTER OF BUSH v. MONTGOMERY WARD

507893

73 A.D.3d 1313 (2010)

900 N.Y.S.2d 519

In the Matter of the Claim of VICTORIA BUSH, Claimant, v. MONTGOMERY WARD et al., Appellants, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 13, 2010.

Cardona, P.J.

Claimant injured her right knee at work in June 1978 and was awarded workers' compensation benefits. It appears that claimant did not receive awards for her injury after 1981; however, most of the records associated with her original claim were destroyed that year in a fire at the office of the Workers' Compensation Board in the City of Binghamton, Broome County. Accordingly, when claimant submitted an application to reopen her claim in 2006, hearings...

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