Legal Opinion
Matter of Bellantoni v. City of New York School Food and Nutrition Services
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 2015No. 518917PublishedCited by 4 opinions
1Opinion of the CourtLynch, J.
Appeal from a decision of the Workers’ Compensation Board, filed July 22, 2013, which ruled that the employer waived the right to raise the defense that claimant provided untimely notice of her injury.
Claimant applied for workers’ compensation benefits in 2011, alleging that she suffered a work-related injury to her shoulder in 2009. The employer controverted the claim, but neither filed a timely prehearing conference statement as required by Workers’ Compensation Law § 25 (2-a) (d) nor an affidavit demonstrating due diligence and good cause for the delay (see also 12 NYCRR 300.38 [f] [1]).…
2Cases cited4 opinions
- Claim of Ogbuagu v. NgbadiAppellate Division of the Supreme Court of the State of New York · 2009
- Claim of Smith v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Ortiz v. Martin Viette Nurseries, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Claim of Quagliata v. Starbucks CoffeeAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Matter of Covert v. Niagara CountyAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Cerobski v. Structural Preserv. Sys.Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of Estate of James Yoo v. Rockwell Compounding Assoc., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Garner v. Christian Contrs., Inc.Appellate Division of the Supreme Court of the State of New York · 2018