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MATTER OF KAKURIEV v. HOME SERVICE SYSTEMS, LLC

509688.

80 A.D.3d 1033 (2011)

915 N.Y.S.2d 388

In the Matter of the Claim of MAYA KAKURIEV, Respondent, v. HOME SERVICE SYSTEMS, LLC, et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 20, 2011.

EGAN JR., J.

Claimant was injured in the course of her employment as a home health aide when she fell down two stairs and suffered injuries to her knees, back and neck. As a result of those injuries, claimant was determined to be mildly to moderately permanently partially disabled and awarded workers' compensation benefits. Thereafter, asserting that claimant had preexisting injuries to both her knees, the employer and its workers' compensation carrier (hereinafter...

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