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MATTER OF CLARK v. SUNY UPSTATE MEDICAL CENTER

507894

73 A.D.3d 1408 (2010)

901 N.Y.S.2d 431

In the Matter of the Claim of FLETA M. CLARK, Respondent, v. SUNY UPSTATE MEDICAL CENTER et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 27, 2010.

Garry, J.

Claimant injured her back while working for the employer in 1994. She initially had compensable lost time but, in March 1997, a Workers' Compensation Law Judge authorized treatment and closed the case. Further work-related injuries in 2001 and 2003 also resulted in the payment of workers' compensation benefits, beginning in 2003. The 1994 claim was reopened in 2004, when a hearing was held to determine, among other things, whether apportionment between the...

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