Wheeler v. Bloomingdales

Appeal from a decision of the Workers’ Compensation Board, filed May 11, 2010, which ruled, among other things, that the employer’s workers’ compensation carrier was entitled to reimbursement from the Special Disability Fund for deficiency compensation payments.

In 1992, claimant was injured at work and a claim for workers’ compensation benefits was established. Although the employer’s workers’ compensation carrier filed a notice of claim for reimbursement from the Special Disability Fund (see Workers’ Compensation Law § 15 [8]), liability of the Fund was not established. With the consent of…