MATTER OF CLAIM OF SAUERS v. K-MART CORPORATION

Nos. 511047, 511650.

90 A.D.3d 1101 (2011)

934 N.Y.S.2d 247

2011 NY Slip Op 8696

In the Matter of the Claim of SUSAN SAUERS, Respondent, v. K-MART CORPORATION 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 December 1, 2011.


ROSE, J.

Claimant sustained a work-related injury to her lower back on April 1, 2002, and began treating with a chiropractor in May 2002. The injury was established and awards for lost time from work were directed from June 2002 until October 2002. Claimant then returned to work with lifting restrictions and, in January 2003, she returned to work full time without restrictions. Her treating neurosurgeon, Douglas Moreland, indicated that surgery was not recommended...

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