The Doctrine of Laches may bar granting an applicant workers' compensation benefits
Applying the doctrine of laches may be triggered within the context of a
workers' compensation claim when a party is deemed guilty of the "failure to
assert a right for an unreasonable and unexplained length of time, accompanied
by other circumstances causing prejudice to the adverse party" (Matter of Fuller v Jackson, 205 AD3d 1291) and the
Workers' Compensation Board's determination regarding the applicability of the
laches doctrine "will not be disturbed on appeal if supported by
substantial evidence" (Matter of Trombino v FMB Inc., 210 AD3d 1212. Click on the URL below to access this decision
posted on the Internet:
https://www.nycourts.gov/reporter/3dseries/2023/2023_00138.htm
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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