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Court of Appeals of New York


Fleming v. Graham, 41

An employee who sustained multiple facial injuries resulting in scars on his forehead and right upper eyelid during a work-related car accident did not sustain a "permanent and severe facial disfigurement" for purposes of qualifying as a "grave injury" under Workers' Compensation Law section 11 as: 1) "permanency" is negated by defendant's expert reports indicating revisions were possible; and 2) resulting injuries did not rise to the level of "severe" disfigurement.

Appellate Information

  • Decided 03/20/2008
  • Published 03/20/2008

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  • Court of Appeals of New York

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