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MATTER OF KRIETSCH v. NORTHPORT-EAST NORTHPORT UFSD

515098.

116 A.D.3d 1255 (2014)

984 N.Y.S.2d 452

2014 NY Slip Op 2636

In the Matter of the Claim of CHRISTOPHER A. KRIETSCH, Respondent, v. NORTHPORT-EAST NORTHPORT UFSD et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 17, 2014.

Peters, P.J.

Kathryn Krietsch (hereinafter decedent) suffered from severe scoliosis and, since childhood, had fixation rods surgically installed to stabilize her spine.1 In 2008, she fell down a flight of stairs while working and suffered back injuries. The fixation rods appeared to be intact in X rays taken immediately after the accident; however, subsequent X rays taken eight months later showed that one of the rods had broken. Decedent...

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