Legal Opinion
Claim of Hosey v. Central New York DDSO
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 16 opinions
1Opinion of the CourtEgan Jr., J.
Workers’ Compensation Law § 25-a provides that “[1]lability for a claim shifts to the Special Fund where a workers’ compensation case that was fully closed is reopened more than seven years after the underlying injury occurred and more than three years after the last payment of compensation” (Matter of Guidice v Herald Co., 88 AD3d 1175, 1176 [2011] [internal quotation marks and citation omitted]; see Matter of Beder v Big Apple Circus, 84 AD3d 1653, 1654 [2011]). Even where the requisite time frames have elapsed, however, Workers’ Compensation Law § 25-a applies only if the case was truly…
2Cases cited5 opinions
- Claim of Bates v. Finger Lakes Truck RentalAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Rathbun v. D'Ella Pontiac Buick GMC, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Claim of Guidice v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Claim of Aposporos v. NYNEXAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Beder v. Big Apple CircusAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by16 opinions
- Matter of Giansante v. Seneca Cayuga ARCAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Palazzolo v. Dutchess CountyAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Strujan v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Williams v. General ElectricAppellate Division of the Supreme Court of the State of New York · 2017
- Claim of Anticola v. Tops MarketsAppellate Division of the Supreme Court of the State of New York · 2014
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