Claim of Collier v. Brightwater Beer & Soda Distributor

Yesawich, Jr., and Levine, JJ.,

dissent and vote to reverse in a memorandum by Levine, J. Levine, J. (dissenting). We respectfully dissent. The sole contention on this appeal by the Special Fund is that the Board erred in refusing to consider the issue raised in its second application for review. There is *871no doubt that the Board has the power to entertain an untimely application for review of a WCLJ’s decision (Matter of Scanlon v State Ins. Fund, 141 AD2d 902, 904; Matter of Clifford v Larkin Rest., 31 AD2d 866, 867). Thus, the issue distills to whether the Board abused its discretion in…