Claim of Giemza v. Town of Cambridge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 18, 2006, which ruled that liability did not shift to the special fund for reopened cases pursuant to Workers’ Compensation Law § 25-a.
On August 16, 1993, claimant was injured while working for the Town of Cambridge in Washington County when the tractor he was operating was struck from behind by a dump truck. He filed a claim for workers’ compensation benefits and also commenced a third-party action against the driver of the dump truck. Following a hearing, a Workers’ Compensation Law Judge (hereinafter WCLJ) issued a June…
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