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KIGIN v. STATE OF N.Y.

No. 181

24 N.Y.3d 459 (2014)

24 N.E.3d 1064

999 N.Y.S.2d 800

2014 NY Slip Op 08052

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

Court of Appeals of New York.

Decided November 20, 2014.

Attorney(s) appearing for the Case

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

Eric T. Schneiderman , Attorney General, Albany ( Paul Groenwegen , Barbara D. Underwood and Andrew D. Bing of counsel), for State of New York Workers' Compensation Board, respondent.

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

Judges READ, SMITH and ABDUS-SALAAM concur; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN and Judge GRAFFEO concur.

OPINION OF THE COURT

The primary issue presented on this appeal is whether the Workers' Compensation Board (the Board) exceeded its statutory authority when it promulgated portions of the "Medical Treatment Guidelines" (see 12 NYCRR 324.2 [a]-[f]). We hold that it did not and therefore affirm the Appellate Division.<...

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