Claim of Schell v. Right

Peters, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed May 29, 2001, which rescinded a penalty previously imposed upon the employer’s workers’ compensation carrier pursuant to Workers’ Compensation Law § 25 (3) (f).

Claimant was injured in April 1993 in the course of her employment. Accident, notice and causal relationship were established. Following litigation and numerous hearings, the Workers’ Compensation Board memorialized, in a decision dated August 18, 1997, the parties’ stipulation that compensation would be at the rate of $225 per week for the physical portion of…