Claim of Mucci v. New York State Department of Corrections

Appeal from a decision of the Workers’ Compensation Board, filed July 5, 2011, which ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.

In December 1996, claimant suffered a work-related injury to his left knee that required surgery, and his claim for workers’ compensation benefits was established. He received his last payment of benefits in May 1997, when he returned to work. In February 1998, a Workers’ Compensation Law Judge found no evidence of permanency and closed the case. In July 2009, claimant reinjured his left knee in a…