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Employer Failed to Prove Worker's Pre-Existing Conditions Were Hinderance to Employment

By WorkCompCentral

Tuesday, February 16, 2016 | 0

A New York appellate court ruled that a worker with several pre-existing health conditions did not suffer from any condition that substantially hindered her employability to the point that her employer's comp carrier could obtain reimbursement from the Special Disability Fund for the benefits it paid her after an on-the-job fall. Case: Matter of Szadek v. Greatbatch, No. 521213, 01/28/2016, published. Facts: Sharon Szadek established a claim for workers' compensation benefits in 2004 for a workplace slip and fall. After her employer's comp carrier learned she had several pre-exi...

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