You are here: / / CLAIMANT, IN HIS APPLICATION FOR BOARD REVIEW, DID NOT SPECIFY WHEN THE...

CLAIMANT, IN HIS APPLICATION FOR BOARD REVIEW, DID NOT SPECIFY WHEN THE OBJECTION SUBJECT TO BOARD REVIEW WAS MADE; THEREFORE THE BOARD PROPERLY DENIED REVIEW OF THE WORKERS’ COMPENSATION LAW JUDGE’S DECISION (THIRD DEPT).

The Third Department determined the Workers’ Compensation Board properly rejected claimant’s application for review because the question “when” the objection subject to review was made was not answered:

When claimant filed his application for Board review in September 2018, both the relevant version of form RB-89 and the corresponding instructions then in effect required an appellant to “specify the objection or exception that was interposed to the [WCLJ’s] [Workers’ Compensation Law Judge’s] ruling, and when the objection or exception was interposed” (12 NYCRR 300.13 [b] [2] [ii] …) In response to question number 15, claimant identified his objection to the WCLJ’s ruling; however, the Board found that claimant’s response was incomplete because there were multiple hearings held in this case, and claimant’s response to question number 15 failed to indicate when the objection or exception was interposed. Inasmuch as the regulation and instructions both expressly required claimant to “specify . . . when the objection or exception was interposed” … , we cannot say that the Board abused its discretion in deeming claimant’s response to question number 15 to be incomplete … . Matter of Martinez v New York Produce, 2020 NY Slip Op 02519, Third Dept 4-30-20

Similar issue and result in Matter of Turcios v NBI Green, LLC, 2020 NY Slip Op 02518, Third Dept 4-30-20

 

You might also like
PLAINTIFF, WHO WAS INTOXICATED AND TRESPASSING, WAS INJURED FALLING THROUGH AN OPENING IN THE FLOOR OF A HOUSE UNDER CONSTRUCTION; THERE WAS A QUESTION OF FACT WHETHER PLAINTIFF’S PRESENCE WAS FORESEEABLE AND PLAINTIFF’S INTOXICATION WAS NOT A SUPERSEDING CAUSE AS A MATTER OF LAW; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (THIRD DEPT).
The Breach of Contract Cause of Action Which Was Based Upon Clauses Which Merely Stated the Common Law Standard of Care for Professionals Was Duplicative of the Professional Malpractice Cause of Action and Should Have Been Dismissed/Proper Measure of Damages for Negligent/Defective Building Design Is the Cost of Remediation
Extraordinary Circumstances Justified Award of Primary Physical Custody to Nonparent–Criteria Described
FAMILY COURT SHOULD HAVE HELD A HEARING TO DETERMINE WHETHER THE CHILDREN SHOULD RECEIVE COVID VACCINATIONS; THE CHILDREN AND THEIR FATHER ALLEGEDLY WANTED THE VACCINE, MOTHER OBJECTED (THIRD DEPT).
Family Court Did Not Adequately Consider the Factors Relevant to Mother’s Request for Unsupervised Visitation/Determination of Visitation Improperly Delegated to Father
ACCEPTING THE ALLEGATIONS AS TRUE FOR PURPOSES OF A MOTION TO DISMISS, INSURANCE AGENT AND HIS EMPLOYERS OWED PLAINTIFF, THE BENEFICIARY OF DECEDENT’S LIFE INSURANCE POLICY, A DUTY OF CARE WITH RESPECT TO THE ISSUANCE OF THE POLICY, RELATIONSHIP WAS CLOSE TO PRIVITY (THIRD DEPT).
THE EVIDENCE SUPPORTED A CAUSAL CONNECTION BETWEEN THE STRESS CAUSED BY INTERACTION WITH CLAIMANT’S SUPERVISOR AND CLAIMANT’S HEART ATTACK (THIRD DEPT). ​
QUESTION OF FACT WHETHER DEFENDANT-CONTRACTOR LAUNCHED AN INSTRUMENT OF HARM AND WHETHER THERE WAS AN INTERVENING, SUPERSEDING CAUSE OF THE INJURY, CRITERIA FOR BOTH EXPLAINED.

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

CLAIMANT’S INJURIES DID NOT ARISE OUT OF HIS EMPLOYMENT; CLAIMANT WAS... A GENEALOGICAL ADVOCACY ORGANIZATION’S FREEDOM OF INFORMATION LAW REQUEST...