Claim of Garafolo v. Arms Hills Supermarkets

Appeal from a decision of the Workers’ Compensation Board, filed April 21, 1981, which denied claimant’s request for reconsideration of a prior determination of the. board filed September 21, 1978. This case was previously before this court and we affirmed the board’s disallowance of the claim on the ground that it was barred by the provisions of section 40 of the Workers’ Compensation Law (74 AD2d 681). Subsequent thereto, claimant applied to the board to reconsider its decision and this request was denied on the ground that “no new evidence has been presented for consideration by the…