Legal Opinion
Claim of Searchfield v. Lowe's Home Centers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2012PublishedCited by 10 opinions
1Opinion of the CourtPeters, J.
*1039Initially, we are unpersuaded by the employer’s contention that the Board should have dismissed as untimely the claim for a causally-related right hip condition. Pursuant to Workers’ Compensation Law § 28, a claim that is not filed within two years of the date of the accident is time-barred. Notably, “[w]hether a claim has been filed in a timely manner presents a factual issue for the Board to resolve, and such determination, if supported by substantial evidence in the record as a whole, will not be disturbed” (Matter of Schley v North State Supply, 309 AD2d 1092, 1093 [2003]). While the…
2Cases cited4 opinions
- Ciafone v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2008
- Claim of Virtuoso v. Glen Campbell Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of Jones v. John W. Cowper Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Claim of Schley v. North State SupplyAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by10 opinions
- Claim of Kasic v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Jones v. Servisair LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Kinkhabwala v. ADP Totalsource Fl XIX IncAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Cotterell v. Trinity Health Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Perry v. DOCCS Clinton Corr. FacilityAppellate Division of the Supreme Court of the State of New York · 2023
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