CompFox AI Summary
Claimant, a school custodian, sought workers' compensation benefits for bilateral elbow and knee injuries attributed to repetitive physical labor over 15 years. After multiple surgeries, he filed a claim in September 2009. A WCLJ initially established the claim, but the employer contested notice. The WCLJ later reestablished the claim with a disablement date of March 13, 2008. The Workers’ Compensation Board reversed, denying the claim due to claimant's failure to provide timely notice under Workers’ Compensation Law § 18. On appeal, the Court affirmed the Board's decision, finding substantial evidence supported the untimeliness of the notice and no abuse of discretion in denying to excuse the failure.
Claim of Bennett v. Putnam Northern Westchester BOCES is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant, a school custodian, sought workers' compensation benefits for bilateral elbow and knee injuries attributed to repetitive physical labor over 15 years. After multiple surgeries, he filed a claim in September 2009. A WCLJ initially established the claim, but the employer contested notice. The WCLJ later reestablished the claim with a disablement date of March 13, 2008. The Workers’ Compensation Board reversed, denying the claim due to claimant's failure to provide timely notice under Workers’ Compensation Law § 18. On appeal, the Court affirmed the Board's decision, finding substantial evidence supported the untimeliness of the notice and no abuse of discretion in denying to excuse the failure.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.