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KIGIN v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD

515721.

109 A.D.3d 299 (2013)

970 N.Y.S.2d 111

2013 NY Slip Op 5360

In the Matter of the Claim of MAUREEN KIGIN, Appellant, v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 18, 2013.

Attorney(s) appearing for the Case

Grey & Grey, LLP, Farmingdale ( Robert E. Grey of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Steven Segall of counsel), for State of New York Workers' Compensation Board, respondent.

Steven Licht , Special Funds Conservation Committee, Albany ( Jill B. Singer of counsel), for Special Fund for Reopened Cases, respondent.

ROSE, J.P., and STEIN, J., concur with SPAIN, J.; McCARTHY, J., dissents in a separate opinion.

OPINION OF THE COURT

SPAIN, J.

In 1996, claimant was in a work-related automobile accident in which she sustained injuries to her head, neck and lower back; she received workers' compensation benefits and returned to work full time in 1998. Medical coverage was provided for numerous diagnostic tests and studies, chiropractic and orthopedic treatments, and physical and other therapies for her ongoing neck and back pain as prescribed by several treating physicians...

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