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August 02, 2021

Whether a claim for workers' compensation benefits has been filed in a timely manner presents a factual issue for the Board to resolve

Claimant, a safety and security officer for the employer, filed an accident report alleging that, while on patrol in June 2013, he was bitten by two ticks. Almost six years later, claimant filed a claim for workers' compensation benefits seeking to recover for injuries allegedly sustained as the result of unknown tick bacteria entering his bloodstream.

The Workers' Compensation Board reversed, finding that the underlying claim was untimely and, in any event, that there was insufficient medical evidence to establish that claimant suffered from Lyme disease in the first instance or that such disease was causally related to his employment. The claimant appealed the Board's determination.

The Appellate Division affirmed the Board's decision, explaining that "Consistent with the provisions of Workers' Compensation Law §28, "a claim for workers' compensation benefits is untimely unless it is filed within two years of the date of the accident" at issue (Matter of Bennett v Roman Catholic Diocese of Rockville Ctr., 134 AD3d 1361, 1361 [2015]; see Matter of Jones v Servisair LLC, 180 AD3d 1313, 1314 [2020]). "Whether a claim has been filed in a timely manner presents a factual issue for the Board to resolve, and such determination, if supported by substantial evidence in the record as a whole, will not be disturbed" (Matter of Kasic v Bethlehem Steel Corp., 94 AD3d 1349.

The full text of the Appellate Division's decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2021/2021_04404.htm

 

 

Whether a claim for workers' compensation benefits has been filed in a timely manner presents a factual issue for the Board to resolve

Claimant, a safety and security officer for the employer, filed an accident report alleging that, while on patrol in June 2013, he was bitten by two ticks. Almost six years later, claimant filed a claim for workers' compensation benefits seeking to recover for injuries allegedly sustained as the result of unknown tick bacteria entering his bloodstream.

The Workers' Compensation Board reversed, finding that the underlying claim was untimely and, in any event, that there was insufficient medical evidence to establish that claimant suffered from Lyme disease in the first instance or that such disease was causally related to his employment. The claimant appealed the Board's determination.

The Appellate Division affirmed the Board's decision, explaining that "Consistent with the provisions of Workers' Compensation Law §28, "a claim for workers' compensation benefits is untimely unless it is filed within two years of the date of the accident" at issue (Matter of Bennett v Roman Catholic Diocese of Rockville Ctr., 134 AD3d 1361, 1361 [2015]; see Matter of Jones v Servisair LLC, 180 AD3d 1313, 1314 [2020]). "Whether a claim has been filed in a timely manner presents a factual issue for the Board to resolve, and such determination, if supported by substantial evidence in the record as a whole, will not be disturbed" (Matter of Kasic v Bethlehem Steel Corp., 94 AD3d 1349.

The full text of the Appellate Division's decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2021/2021_04404.htm

 

 

August 01, 2021

Internet items posted pro bono

Wild Thoughts by Julia Randall. A three-part series on wilderness ethics and management offers a comprehensive review of wilderness as a legal concept, an ecological condition and as a cultural phenomenon. Click on the following links to access Part I, What is Wilderness; Part II, For Whom Does Wilderness Exist?; and Part III, Wilderness and a Livable World. Ms. Randall's StoryMap can be found on the Adirondack Council’s website at: https://storymaps.arcgis.com/stories/39efc4883ac348a09fbd03a0f2c6c78f

Combating on the job misbehavior: An “app” (the #NotMe app) employers can make available to their personnel permitting the easy and timely submission of complaints of alleged supervisor or co-worker misconduct to personnel officers, human resource teams, compliance officers or designated individuals. Click on https://www.not-me.com/organizations for information concerning this program.

Concerning the viral evolution of COVID-19: Science Magazine e-Letter had posted NYPPL's Science Consultant Robert Michaels' item concerning "Viral evolution may herald new pandemic phase.” Click here to read Dr. Michaels' comments.

Sexual Harassment is a form of unlawful discrimination: New York State's Internet guidelines addressing employer obligations to combat sexual harassment in the workplace is at: https://www.ny.gov/programs/combating-sexual-harassment-workplace

The Steel Bar is the epic story of the rise and fall and rebirth of the Pittsburgh lawyer, from the earliest days of the Pittsburgh bar to the modern era, against the backdrop of American history." More at https://publicpersonnellaw.blogspot.com/2020/02/the-steel-bar-pittsburgh-lawyers-and_28.html

Contaminants of Emergent Concern was discussed by Dr. Robert A. Michaels [bam@ramtrac.com] at the New York State Bar Association, Energy and Environmental Law Section on January 31, 2020. Dr. Michaels' remarks are posted for viewing/downloading at no charge at the following URL: https://www.researchgate.net/publication/339055672_Legacy_Contaminants_of_Emergent_Concern. Other articles addressing environmental issues by Dr. Michaels are posted on on the Internet at: https://publicpersonnellaw.blogspot.com/2020/01/articles-by-dr-robert-michaels-nypers.html


A CyberCemetery: The University of North Texas Libraries and the U.S. Government Printing Office, as part of the Federal Depository Library Program, created a partnership to provide permanent public access to the Internet sites and publications of defunct U.S.government agencies and commissions. Named the "CyberCemetery" by early users of the site, information about the collection is posted on the Internet at: https://library.unt.edu/digital-projects-unit/web-archiving/; the latest additions to the collection are posted at: https://digital.library.unt.edu/explore/collections/GDCC/#latest

 

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