Claim of Paris v. City of New York

—Graffeo, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 10, 1998, which ruled that a claim for workers’ compensation benefits was not barred by Workers’ Compensation Law §28.

Claimant, an office worker in the office of the Queens County District Attorney, sustained mental and emotional injuries as a result of being trapped in an elevator which caught fire in July 1991. The employer promptly filed a notice of injury, describing claimant’s injuries as smoke inhalation and hysteria. By letter dated August 28, 1991, the employer’s law department informed claimant that…