A report by an independent medical examiner attributing 80% of a worker's disability to a 2003 injury was not sufficient to qualify a carrier to be reimbursed by the Special Disability Fund, a New York appellate court ruled.
Gilbert Savage was awarded workers' compensation benefits for a work-related back injury he sustained in June 2003 while working for American Home Care Supply LLC.
His employer and its comp carrier filed a claim for reimbursement from the Special Disability Fund. In July 2004, the carrier and the fund entered into a stipulation through which they agreed rei...
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