Claim of Alcott-Avery v. Finger Lakes Regional Health

Mercure, J.P.

We affirm. Pursuant to Workers’ Compensation Law § 15 (8) (f), an employer seeking contribution from the Fund in a case that has been reopened must file a claim in writing with the Board “no later than the determination of permanency upon such reopening.” The question here is when the determination of permanency was made — whether it was upon the signing of *1228the stipulation and its acceptance by the WCLJ at the hearing, as the Fund contends, or whether it was upon the issuance of the WCLJ’s written decision, which the employer argues and the Board determined.

Pursuant to 12 NYCRR…