MATTER OF SCHROEDER v. US FOODSERVICE

515937.

107 A.D.3d 1135 (2013)

967 N.Y.S.2d 449

2013 NY Slip Op 4088

In the Matter of the Claim of DAVID SCHROEDER, Respondent, v. US FOODSERVICE et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 6, 2013.


Spain, J.

In March 2003, claimant suffered a work-related injury to his back and was awarded workers' compensation benefits. Claimant returned to work the following month and the case was subsequently closed. Claimant continued to work for the employer and received symptomatic medical treatment for his work-related injury through his retirement in 2009. In August 2010, the employer sought to shift liability for the claim to the Special Fund for Reopened Cases pursuant...

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