Claim of Robinson v. Franklin County Department of Social Services

Appeal from a decision of the Workers’ Compensation Board, filed December 1, 2011, which ruled that claimant’s application for workers’ compensation benefits was barred by Workers’ Compensation Law § 28.

In June 2010, claimant filed an application for workers’ compensation benefits based upon a workplace incident that occurred in March 2008. The self-insured employer submitted a form indicating that the claim was accepted, “without prejudice under [Workers’ Compensation Law §] 21-a,” and payment had not begun because claimant had not lost time from work beyond the waiting period. At the…