Legal Opinion

Claim of Flynn v. Ace Hardware Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2007PublishedCited by 6 opinions

1Opinion of the CourtCarpincho, J.

Appeal from a decision of the Workers’ Compen*1144sation Board, filed October 20, 2005, which ruled that claimant failed to give timely notice of his injury to his employer.

Claimant, a forklift operator for Ace Hardware Corporation, began experiencing pain in his neck on March 25, 2004. Although claimant offered testimony indicating that he informed his supervisor that his neck was “killing” him that day, he did not formally report an accident at that time and continued working until April 19, 2004. Never again returning to work for that employer, claimant submitted a claim for workers’…

2Cases cited3 opinions

  1. Miner v. Cayuga Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Miller v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  3. Claim of Baker v. E.J. Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Claim of Dusharm v. Green Island Contracting, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Ewool v. Franklin Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
  3. Matter of Johnson v. T.L. Cannon ManagementAppellate Division of the Supreme Court of the State of New York · 2016
  4. Bland v. GellmanAppellate Division of the Supreme Court of the State of New York · 2013
  5. Bland v. GellmanAppellate Division of the Supreme Court of the State of New York · 2013

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