Claim of Butler v. General Motors Corp.

Claimant, a pipe fitter, allegedly injured his right shoulder while lifting a toolbox at work and applied for workers’ compensation benefits. The employer and its workers’ compensation carrier (hereinafter collectively referred to as the employer) controverted the claim, and a prehearing conference was scheduled. The employer filed an untimely prehearing conference statement but argued that, because it simultaneously filed an amended notice of controversy, the scheduled conference was premature and should be rescheduled, rendering its statement timely (see Workers’ Compensation Law § 25 [2-a]…