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MATTER OF HARTMAN v. TOP'S MARKET, INC.

515327.

104 A.D.3d 1043 (2013)

962 N.Y.S.2d 437

2013 NY Slip Op 1892

In the Matter of the Claim of SHEILA HARTMAN, Respondent, v. TOP'S MARKET, INC., et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

March 21, 2013.

Egan Jr., J.

Appeal from a decision of the Workers' Compensation Board, filed April 5, 2012, which, among other things, ruled that the employer's workers' compensation carrier is not entitled to reimbursement from the Special Disability Fund.

Claimant injured her back while working for the employer in 2007 and thereafter was awarded workers' compensation benefits. Upon learning that claimant suffered from preexisting hypertension and bilateral degenerative...

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