Claimant’s Failure to Give Timely Written Notice of Injury Excused
In finding claimant’s failure to give timely written notice of her injury to her employer was excused, the Third Department wrote:
While claimant did not give timely written notice of her injury, her failure to do so may be excused “on the ground that notice could not be given, the employer or its agent had knowledge of the accident, or the employer was not prejudiced” (…see Workers’ Compensation Law § 18). Claimant testified that she verbally informed the bus dispatcher of the accident shortly after it occurred, and the employer’s employee benefits supervisor confirmed that the dispatcher would be an appropriate individual to whom to report an accident if claimant’s supervisor was unavailable. Claimant also testified that she orally notified her supervisor of the accident – perhaps the following day … . Matter of Rankin v Half Hollow Hills Central School District, et al, 514956, Third Dept 4-18-13