Claim of Harris v. Phoenix Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed December 28, 2004, which denied claimant’s request to reopen his case.
Claimant filed for workers’ compensation benefits alleging that he suffered a work-related injury to his elbow on May 6, 2004. However, he concededly did not give notice of such injury to his employer until June 11, 2004. Following a hearing before a workers’ compensation law judge (hereinafter WCLJ), the claim was disallowed on the grounds that notice was not timely given, claimant had not shown a lack of prejudice to the employer, and the late notice was, in…
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