State of New York Supreme Court, Appellate Division Third Judicial Department MEMORANDUM AND ORDER Decided and Entered: April 9, 2009 In the Matter of the Claim of OLIVIA TORRANCE, Appellant, v LORETTO REST NURSING HOME, Respondent. Bond, Schoeneck & King, Syracuse (Patrick V. Melfi of counsel), for Loretto Rest Nursing Home, respondent. Claimant, a food service worker employed at Loretto Rest Nursing Home, was a member of the New York Health and Human Service Union, 1199 SEIU, AFL-CIO and was subject to its collective bargaining agreement with Loretto. In September 2003, she injured her buttocks and lower back when she slipped on a wet floor while carrying trays. After Loretto learned of claimant's light duty position, it terminated her employment in accordance with the terms of the collective bargaining agreement.

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