Legal Opinion
Claim of Pena v. Alize II Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2010PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed March 3, 2009, which ruled that claimant sustained a compensable injury and awarded workers’ compensation benefits.
*1226Claimant, a waitress, applied for workers’ compensation benefits in June 2008, alleging that she injured her leg, hip and back in a fall that occurred during the course of her employment on April 29, 2008. In controverting the claim, the employer and its workers’ compensation carrier (hereinafter collectively referred to as the employer) contended that claimant did not provide timely notice of the incident leading…
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