Claim of Anticola v. Tops Markets

Appeal from a decision of the Workers’ Compensation Board, filed March 1, 2013, which ruled, among other things, that claimant’s case was not truly closed for the purpose of shifting liability to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.

Claimant established a work-related injury to his lower back and, in December 2000, began to receive workers’ compensation benefits from the self-insured employer and its third-party administrator (hereinafter collectively referred to as the employer). Claimant continued to receive benefits for intermittent lost time…