Claim of Pietrocola v. Colony Liquor Distributors, Inc.

Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed September 15, 1989 and September 19, 1990, which, inter alia, ruled that claimant’s case had been improperly closed.

Whether a case has been "closed” for purposes of Workers’ Compensation Law § 25-a is a question of fact (see, Matter of Scalesse v Printing Adv. Corp., 30 NY2d 234, 237). The record here discloses that the case was first reopened within seven years of the date of the accident; thus the employer’s workers’ compensation insurance carrier continued to be responsible at that point for…