Legal Opinion

Claim of McCutcheon v. Public Service Department

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

Decided January 10, 2002PublishedCited by 6 opinions

1Opinion of the Court

Mercure, J. Appeal from a decision of the Workers’ Compensation Board, filed August 8, 2000, which ruled that claimant timely filed a claim for workers’ compensation benefits.

Although claimant did not file a claim for workers’ compensation benefits within two years of his work-related knee injury, his treating physician filed a C-4 medical report within the two-year period. The report described the injury and its possible aggravation and requested authorization for an MRI. The Workers’ Compensation Board concluded that the filing of the medical report satisfied the claim-filing requirement of…

2Cases cited5 opinions

  1. Claim of Kaplan v. Kaplan Knitting Mills, Inc.New York Court of Appeals · 1928
  2. Carlson-Subik v. SubikAppellate Division of the Supreme Court of the State of New York · 1999
  3. Tagliavento v. Borg-Warner AutoAppellate Division of the Supreme Court of the State of New York · 1998
  4. Claim of Boone v. RigaudAppellate Division of the Supreme Court of the State of New York · 1991
  5. Claim of Kaschak v. IBM Corp.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Schneider v. Dunkirk Ice CreamAppellate Division of the Supreme Court of the State of New York · 2003
  2. Matter of Jones v. Servisair LLCAppellate Division of the Supreme Court of the State of New York · 2020
  3. Claim of the Estate of Cagle v. White Auto PartsAppellate Division of the Supreme Court of the State of New York · 2002
  4. Matter of Cotterell v. Trinity Health Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Davenport v. Oxford Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2025

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