MATTER OF LADUKE v. SCHENECTADY COMMUNITY ACTION PROGRAM

515211.

102 A.D.3d 1069 (2013)

959 N.Y.S.2d 290

2013 NY Slip Op 529

In the Matter of the Claim of JOANN LADUKE, Respondent, v. SCHENECTADY COMMUNITY ACTION PROGRAM 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 31, 2013.


Garry, J.

Claimant had been working for the self-insured employer for almost 20 years, most recently as its transportation coordinator, when she sustained back and shoulder injuries in May 2002 while assisting students exiting a bus. Thereafter, the employer sought reimbursement from the Special Disability Fund pursuant to Workers' Compensation Law § 15 (8) (d). Following proceedings, the Workers' Compensation Board found that, due to claimant's preexisting diabetes...

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