Claim of Greenberg v. New York City Transit Authority

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed April 26, 2004, which, inter alia, ruled that claimant was not entitled to prejudgment interest on compensation paid by the employer pursuant to Workers’ Compensation Law § 120.

On September 10, 1987, while working for the New York City Transit Authority (hereinafter the employer) as a mechanical maintainer, claimant injured his left knee. He continued to work but stopped when it became necessary for him to have surgery. In June 1989, he returned to the same position, but with restricted duties. In August 1992, he…