Claim of McLean v. Amsterdam Nursing Home
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed November 17, 2008, which ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.
Claimant sustained a work-related injury in July 1996 and received workers’ compensation benefits until March 1997, when she returned to work and her case was closed. In 2006, claimant applied to reopen her case and, following a hearing where claimant testified, a Workers’ Compensation Law Judge (hereinafter WCLJ) determined, among other things, that liability for the claim had shifted to the…
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