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FITZGERALD v. BERKSHIRE FARM

510588.

87 A.D.3d 353 (2011)

927 N.Y.S.2d 176

2011 NY Slip Op 5831

In the Matter of the Claim of JUDITH FITZGERALD, as Widow of LAWRENCE BRANDSTEIN, Deceased, Claimant, v. BERKSHIRE FARM CENTER & SERVICES FOR YOUTH 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 July 7, 2011.

Attorney(s) appearing for the Case

Gregory J. Allen , State Insurance Fund, New York City ( Edward Obertubbesing , of counsel), for appellants.

Steven M. Licht , Special Funds Conservation Committee, Albany ( Jill B. Singer , of counsel), for Special Fund for Reopened Cases, respondent.

MERCURE, J.P., ROSE, KAVANAGH and GARRY, JJ., concur.

OPINION OF THE COURT

LAHTINEN, J.

Decedent sustained a work-related injury to his left hip and leg in February 1994 and received workers' compensation benefits from February 1994 to June 1996, when he received a 35% schedule loss of use award and the case was closed. In May 2005, decedent made a claim for a consequential right hip condition and requested authorization for left hip replacement surgery. Liability for the claim was transferred to the Special...

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