Legal Opinion

Claim of Dusharm v. Green Island Contracting, LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 2009PublishedCited by 12 opinions

1Opinion of the CourtKane, J.

Claimant, a labor supervisor for a highway construction *1403company, allegedly sustained a work-related back injury in April 2006, but did not seek medical treatment until May 2007 and did not apply for workers’ compensation benefits until August 2007. Following a hearing, a Workers’ Compensation Law Judge awarded claimant benefits. The Workers’ Compensation Board reversed, concluding that claimant failed to provide his employer with timely notice pursuant to Workers’ Compensation Law § 18. Claimant appeals.

We affirm. Workers’ Compensation Law § 18 requires claimants seeking benefits to provide…

2Cases cited4 opinions

  1. Claim of Pisarek v. CutleryAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Ewool v. Franklin Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
  3. Miner v. Cayuga Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Flynn v. Ace Hardware Corp.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by12 opinions

  1. Claim of Conyers v. Van Rensselaer ManorAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Lopadchak v. R.W. Express LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. Claim of Dudas v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of McCarthy v. Verizon WirelessAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Johnson v. T.L. Cannon ManagementAppellate Division of the Supreme Court of the State of New York · 2016

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