Legal Opinion
Claim of Riley v. P&V Sadowski Construction
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2013Published
1Opinion of the CourtStein, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 30, 2011, which ruled that the reopening of the claim was barred by Workers’ Compensation Law § 123.
Claimant sustained a work-related injury to his right knee in 1990 for which he obtained a schedule loss of use award. His condition worsened following a 2003 injury and, in September 2008, a Workers’ Compensation Law Judge (hereinafter WCLJ) found that the claim was reopened — effective August 2006 — and shifted liability to the Special Fund for Reopened Cases. Thereafter, in a February 2009 decision, another WCLJ…
2Cases cited8 opinions
- Claim of Bates v. Finger Lakes Truck RentalAppellate Division of the Supreme Court of the State of New York · 2007
- Zechmann v. Canisteo Volunteer Fire DepartmentNew York Court of Appeals · 1995
- Claim of Carubia v. Colt IndustriesAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Ford v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Barker v. Buffalo Color Corp.Appellate Division of the Supreme Court of the State of New York · 2006
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