Claim of Backus v. Wesley Health Care Center, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeals from two decisions of the Workers’ Compensation Board, filed October 21, 2004 and March 30, 2005, which, inter alia, ruled that the workers’ compensation carrier’s application for review was untimely.
In a decision filed February 8, 2002, a workers’ compensation law judge (hereinafter the WCLJ) granted claimant’s application for workers’ compensation benefits, fixed the average weekly wage and directed the employer’s workers’ compensation carrier to continue making payments. The carrier stopped making payments on July 1, 2003 when it learned that claimant had returned to work, and,…
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