Legal Opinion
Claim of Bush v. Montgomery Ward
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2010PublishedCited by 6 opinions
1Opinion of the CourtCardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed December 10, 2008, which ruled that Workers’ Compensation Law § 25-a is inapplicable to claimant’s award of workers’ compensation benefits.
Claimant injured her right knee at work in June 1978 and was awarded workers’ compensation benefits. It appears that claimant did not receive awards for her injury after 1981; however, most of the records associated with her original claim were destroyed that year in a fire at the office of the Workers’ Compensation Board in the City of Binghamton, Broome County. Accordingly, when claimant…
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