Legal Opinion

Claim of Homan v. Gotham Building Maintenance Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1986PublishedCited by 3 opinions

1Opinion of the CourtHarvey, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 2, 1985.

The primary issue raised by this appeal is whether the payment of claimant’s medical expenses by the State Insurance Fund (the carrier), made more than two years after his accident, constituted a waiver of the two-year limitation period for filing a claim (Workers’ Compensation Law § 28). Claimant, a fireman and general maintenance man for Gotham Building Maintenance Corporation (the employer), was *966injured in August 1977 while lifting a 55-gallon oil drum. Shortly thereafter, claimant was informed, during a…

2Cases cited5 opinions

  1. Matter of Hamilton v. Village of LynbrookNew York Court of Appeals · 1940
  2. Romano v. Franklin General HospitalAppellate Division of the Supreme Court of the State of New York · 1985
  3. Claim of Hamilton v. Incorporated Village of LynbrookAppellate Division of the Supreme Court of the State of New York · 1940
  4. Claim of Zumbo v. Scarsdale Bus Corp.Appellate Division of the Supreme Court of the State of New York · 1974
  5. Claim of Crook v. De Laval Separator Co.Appellate Division of the Supreme Court of the State of New York · 1957

3Cited by3 opinions

  1. Bugliari v. New York State CollegesAppellate Division of the Supreme Court of the State of New York · 1998
  2. Bennett v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2015
  3. Bennett v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2015

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