Claim of Patterson v. Long Island Jewish Medical Center

We respectfully disagree with the majority’s determination that the Workers’ Compensation Board failed to make a finding that claimant’s date of disablement was more than two years prior to the filing of her claim for benefits. In holding that her claim was time barred under Workers’ Compensation Law § 28, the Board rejected the Workers’ Compensation Law Judge’s finding which established claimant’s date of disablement as June 17, 1998 and, instead, implicitly set claimant’s date of disablement in 1987, when she was first diagnosed with her work-related occupational disease.

We have noted that…