Claim of Faello v. Federal Express

Crew III, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed June 3, 2005, which ruled that claimant’s application for review was not timely filed.

Claimant alleged that he sustained a work-related injury after he purportedly was assaulted by a security officer at his place of employment. Following a hearing on the disputed issues of accident, notice and causal relationship, a Workers’ Compensation Law Judge found that the physical contact to which claimant attributed his injuries was not an assault and, hence, did not result in a compensable injury. Accordingly, claimant’s…