Legal Opinion

Claim of Booth v. D.V. Gonzalez Construction, Inc.

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

Decided October 30, 2003PublishedCited by 1 opinion

1Opinion of the Court

Mercare, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed December 24, 2001, which, inter alia, ruled that claimant’s application for workers’ compensation benefits was barred by Workers’ Compensation Law § 28.

Claimant was working as an electrician when he allegedly sustained a back injury in February 1986. He did not file a claim for workers’ compensation benefits until February 1991.* In the decision under review, the Workers’ Compensation Board concluded that the claim was untimely and dismissed it. Claimant appeals.

Workers’ Compensation Law § 28 bars a claim that has…

2Cases cited4 opinions

  1. Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
  2. Mazzarella v. CuttingAppellate Division of the Supreme Court of the State of New York · 2001
  3. Claim of Kane v. PPG IndustriesAppellate Division of the Supreme Court of the State of New York · 2000
  4. Claim of Boshart v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. Claim of Petitt v. Eaton & Van WinkleAppellate Division of the Supreme Court of the State of New York · 2004

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API