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A registered nurse sustained a lower back injury in December 1998 while lifting a patient and filed a workers' compensation claim in June 1999. The employer controverted the claim, citing lack of timely notice. A Workers’ Compensation Law Judge denied the claim due to non-compliance with Workers’ Compensation Law § 18, a decision subsequently affirmed by the Workers’ Compensation Board, which found the employer was prejudiced by the delay. On appeal, the court rejected the claimant’s waiver argument, affirming the Board’s finding that the employer lacked timely notice and suffered prejudice, thereby upholding the denial of benefits.
Claim of Rowe v. Oswego Hospital 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
A registered nurse sustained a lower back injury in December 1998 while lifting a patient and filed a workers' compensation claim in June 1999. The employer controverted the claim, citing lack of timely notice. A Workers’ Compensation Law Judge denied the claim due to non-compliance with Workers’ Compensation Law § 18, a decision subsequently affirmed by the Workers’ Compensation Board, which found the employer was prejudiced by the delay. On appeal, the court rejected the claimant’s waiver argument, affirming the Board’s finding that the employer lacked timely notice and suffered prejudice, thereby upholding the denial of benefits.
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