Claim of Cantone v. Health Enterprises Management Inc.

Appeal from a decision of the Workers’ Compensation Board, filed February 19, 2002, which ruled that the claim was not time-barred by Workers’ Compensation Law §28.

Claimant was the president and chief executive officer of the employer, a health care development company, and was responsible for establishing and setting up off-site health care facilities, such as outpatient surgical clinics and. imaging centers. Although he worked independently, he reported to the two major shareholders of the company, Timothy McGinn and David Smith. On March 11, 1991, claimant experienced a myocardial…