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In 1999, a claimant employed by Consolidated Edison, a self-insured employer, established a claim for occupational diseases, and the employer was initially granted reimbursement from the Special Disability Fund. After the claimant's death in 2011, his widow filed for death benefits, leading to a Workers’ Compensation Board decision establishing the death claim but denying the employer's subsequent reimbursement request for these benefits. The Board found the employer's claim for reimbursement from the Special Disability Fund for death benefits to be time-barred, having been made after the July 1, 2010 statutory deadline under Workers’ Compensation Law § 15 (8) (h) (2) (A). On appeal, the court affirmed this decision, clarifying that a claim for death benefits reimbursement is a separate and distinct new claim, subject to the July 1, 2010, filing cut-off, regardless of the original disablement date. The ruling emphasizes the Legislature's intent to close the Special Disability Fund to new claims after the specified date.
Matter of Connolly v. Consolidated Edison 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
In 1999, a claimant employed by Consolidated Edison, a self-insured employer, established a claim for occupational diseases, and the employer was initially granted reimbursement from the Special Disability Fund. After the claimant's death in 2011, his widow filed for death benefits, leading to a Workers’ Compensation Board decision establishing the death claim but denying the employer's subsequent reimbursement request for these benefits. The Board found the employer's claim for reimbursement from the Special Disability Fund for death benefits to be time-barred, having been made after the July 1, 2010 statutory deadline under Workers’ Compensation Law § 15 (8) (h) (2) (A). On appeal, the court affirmed this decision, clarifying that a claim for death benefits reimbursement is a "separate and distinct" new claim, subject to the July 1, 2010, filing cut-off, regardless of the original disablement date. The ruling emphasizes the Legislature's intent to close the Special Disability Fund to new claims after the specified date.
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