Claim of Lane v. Tompkins County Sheriff's Department

—Casey, J.

Appeals from two decisions of the Workers’ Compensation Board, filed March 9, 1984 and January 14, 1985.

At issue is whether the Workers’ Compensation Board erred in finding that the June 9, 1971 closing of claimant’s compensation case, pending the outcome of a third-party action, was not a true closing so as to extend the time for filing a claim for reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8). The employer argues that the Board erred in applying a rigid "true closing” requirement to. Workers’ Compensation Law § 15 (8) and that, in any…