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MATTER OF BARKER v. BUFFALO COLOR CORPORATION

32 A.D.3d 1138 (2006)

822 N.Y.S.2d 163

In the Matter of the Claim of PHILLIP J. BARKER, Respondent, v. BUFFALO COLOR CORPORATION et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent.

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

September 28, 2006.

Spain, J.

Claimant sustained a work-related injury in 1994 and filed a claim for workers' compensation benefits at that time. The employer voluntarily paid claimant's benefits until the case was closed in 1996. In 1999, the case was reopened and claimant was awarded further benefits. When claimant sought authorization for an MRI in 2003, the employer raised the issue of shifting liability to the Special Fund for Reopened...

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