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IN THE MATTER OF ESTANLUARDS v. AMERICAN MUSEUM OF NATURAL HISTORY

503140.

2008 NY Slip Op 06476

IN THE MATTER OF THE CLAIM OF MARVA ESTANLUARDS, Appellant, v. AMERICAN MUSEUM OF NATURAL HISTORY ET AL., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Fine, Olin & Anderman, L.L.P., Garden City (Melinda K. Cleary of counsel), for appellant.

Gregory J. Allen, State Insurance Fund, New York City (David J. Schatten of counsel), for American Museum of Natural History and another, respondents.

Andrew M. Cuomo, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Kavanagh, JJ.

MEMORANDUM AND ORDER

MERCURE, J.

Claimant established a work-related injury to her right shoulder, right elbow and left hand. A subsequent independent medical examination (hereinafter IME) arranged by the employer resulted in a reported finding of a permanent 7½% schedule loss of use of her right arm and no schedule loss of use of her left hand. Claimant's treating physician, while finding a permanent partial disability, did not opine as to a schedule...

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