Iannaci v. Independent Cement Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRefers, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 7, 2008, which, among other things, ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.
Claimant sustained a work-related injury in 1992 and received workers’ compensation benefits until 2001, when his case was closed. In 2007, the employer’s workers’ compensation carrier requested that the claim be reopened to determine whether Workers’ Compensation Law § 25-a was applicable. Accompanying the request was an incomplete Workers’ Compensation Law § 25-a affidavit…
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