You are here: / / Worker’s Claim Not “Truly Closed” So As to Preclude Further Proceedings ...

Worker’s Claim Not “Truly Closed” So As to Preclude Further Proceedings 

The Third Department reversed the finding of the Worker’s Compensation Board that the claimant’s knee injury case had been “truly closed” in 2009, more than 18 years after the original injury.  Worker’s Compensation Law section 123 prohibits an award of benefits “after a lapse of eighteen years from the date of the injury … and also a lapse of eight years from the date of the last payment of compensation” … .  Knee replacement surgery had been authorized in 2009.  “Considering the nature of the surgery being requested, and the fact that medical examinations of claimant in … 2008 revealed that claimant had a moderate partial disability …, the Board’s conclusion that no further proceedings were contemplated in … 2009 when surgery was authorized is dubious ….”.  In the Matter of Riley v P & V Sadowski Construction, 515259, 3rd Dept. 3-21-13

 

You might also like
A PERSON NOT NAMED ON THE NOTE AND MORTGAGE IS NOT ENTITLED TO RPAPL 1304 NOTICE OF THE FORECLOSURE ACTION, NOTWITHSTANDING CORRESPONDENCE REQUESTING THAT HE BE ADDED TO THE DOCUMENTS AS A BORROWER (THIRD DEPT).
INTERPRETERS ARE EMPLOYEES.
REPORTER WHO INTERVIEWED A MURDER SUSPECT WAS ENTITLED TO A WRIT OF PROHIBITION PREVENTING THE ENFORCEMENT OF A SUBPOENA TO TESTIFY AT THE SUSPECT’S TRIAL; THE PEOPLE DID NOT MEET THE CRITERIA OF CIVIL RIGHTS LAW 79-H, THE NEW YORK SHIELD LAW, WHICH PROTECTS REPORTERS FROM SUBPOENAS WHEN THE REPORTER’S TESTIMONY IS NOT “CRITICAL OR NECESSARY” TO THE PEOPLE’S CASE (THIRD DEPT).
CHILD DID NOT RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL, MOTHER SOUGHT A MODIFICATION OF VISITATION WITH FATHER BASED UPON THE CHILD’S REACTIONS TO VISITS WITH FATHER, THE ATTORNEY FOR THE CHILD DID NOT MAKE A SUFFICIENT RECORD ON THE RELEVANT ISSUES THROUGH QUESTIONING THE CHILD AND CROSS-EXAMINING MOTHER (THIRD DEPT).
Parole Violators May Apply for Resentencing Under Drug Law Reform Act—County Court Properly Denied the Application Based Upon the Nature of Defendant’s Convictions and Serious Prison Infractions
DEFENDANT DID NOT PROVE THE EXISTENCE OF A PRESCRIPTIVE EASEMENT OVER PLAINTIFF’S LAND; PLAINTIFF DID NOT PROVE THE DAMAGES ELEMENT OF TRESPASS (THIRD DEPT).
Absence of Privity Precluded Application of Collateral Estoppel Doctrine 
CLAIMANT, WHO HAD BEEN INJURED, DID NOT DEMONSTRATE SHE WAS ABLE TO WORK DURING THE TIME SHE WAS CERTIFIED FOR BENEFITS, UNEMPLOYMENT INSURANCE APPEALS BOARD RULING SHE WAS ENTITLED TO BENEFITS REVERSED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Prior Ruling on Appeal is Law of the Case for Both Trial and Appellate C... Presumption Disability Related to World Trade Center Work Not Rebutted