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MATTER OF WOHLFEIL v. SHAREL VENTURES, LLC

No. 130 SSM 18.

32 N.Y.3d 981 (2018)

109 N.E.3d 1153

84 N.Y.S.3d 853

2018 NY Slip Op 05967

In the Matter of the Claim of MELODY WOHLFEIL, Respondent, v. SHAREL VENTURES, LLC, Respondent. WORKERS' COMPENSATION BOARD, Appellant.

Court of Appeals of New York.

Decided September 6, 2018.

Attorney(s) appearing for the Case

Barbara D. Underwood, Attorney General, Albany (Laura Etlinger and Andrew D. Bing of counsel), for appellant.

Habberfield Kaszycki, LLP, Buffalo (Melissa Habberfield of counsel), for Sharel Ventures, LLC, respondent.

Melvin Bressler, Pittsford, for Melody Wohlfeil, respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and decision of the Workers' Compensation Board reinstated. On this record, substantial evidence supports the Board's determination that claimant has a permanent partial disability with a 75% loss of wage-earning capacity (see generally Matter of Zamora v New York Neurologic Assoc., 19...

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