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

 

In an opinion by Justice Peters, the Third Department upheld the determination of the Workers’ Compensation Board that the claimant, who was bitten by a tick, had established a claim for Lyme disease and was entitled to compensation for “motor neuron disease, as well as consequential anxiety and stress disorder.”  In the Matter of Bailey v Ben Ciccone, Inc., et al, 515309, 3rd Dept. 3-14-13