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Claimant, a correction officer, sustained injuries in November 2010 after an assault by inmates, leading to an established workers’ compensation claim for his back and left shoulder. Two years later, his request for cervical spine surgery was denied by the self-insured employer, who argued the neck was not an established injury site, despite which he underwent surgery. Claimant subsequently sought to include the neck injury as causally-related, but the employer objected due to a lack of timely notice under Workers’ Compensation Law § 18. The Workers’ Compensation Board reversed a prior ruling, finding no prejudice to the employer from the delayed notice and amended the claim to include the neck injury. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer was not prejudiced by the late notice of the neck injury.
Claim of McNichols v. New York City Department of Corrections 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 correction officer, sustained injuries in November 2010 after an assault by inmates, leading to an established workers’ compensation claim for his back and left shoulder. Two years later, his request for cervical spine surgery was denied by the self-insured employer, who argued the neck was not an established injury site, despite which he underwent surgery. Claimant subsequently sought to include the neck injury as causally-related, but the employer objected due to a lack of timely notice under Workers’ Compensation Law § 18. The Workers’ Compensation Board reversed a prior ruling, finding no prejudice to the employer from the delayed notice and amended the claim to include the neck injury. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer was not prejudiced by the late notice of the neck injury.
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