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MATTER OF SCHWORM v. FRITO LAY, INC.

515512.

104 A.D.3d 1048 (2013)

962 N.Y.S.2d 440

2013 NY Slip Op 1896

In the Matter of the Claim of JAMES SCHWORM, Respondent, v. FRITO LAY, INC., et al., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

March 21, 2013.

Peters, P.J.

Appeal from a decision of the Workers' Compensation Board, filed February 9, 2012, which ruled that the employer's workers' compensation carrier is entitled to reimbursement from the Special Disability Fund.

Claimant, a mechanic, sustained a work-related back injury in March 2003 when he fell off the rear of a truck onto his back and suffered a fractured vertebrae. Claimant received workers' compensation benefits for six months, after which he...

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