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Stephen Darcy, the claimant, sustained a work-related right shoulder injury. A Workers' Compensation Law Judge (WCLJ) awarded benefits, finding a 60% schedule loss of use of his right arm. The self-insured employer, Brentwood UFSD, and its third-party administrator (collectively, the employer), appealed this decision to the Workers' Compensation Board. The Board denied the employer's application for review due to an incomplete response to question number 15 on the RB-89 form, specifically the failure to specify the date an objection was interposed. The employer's subsequent request for reconsideration and/or full Board review was also denied. The Appellate Division, Third Department, affirmed the Board's decisions, emphasizing the Board's discretion to deny applications that do not comply with its regulations, particularly 12 NYCRR 300.13 (b). The court found that the employer's omission of the temporal element of the objection was a fatal defect that could not be cured by information elsewhere in the application.
Matter of Darcy v. Brentwood UFSD 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.
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Stephen Darcy, the claimant, sustained a work-related right shoulder injury. A Workers' Compensation Law Judge (WCLJ) awarded benefits, finding a 60% schedule loss of use of his right arm. The self-insured employer, Brentwood UFSD, and its third-party administrator (collectively, the employer), appealed this decision to the Workers' Compensation Board. The Board denied the employer's application for review due to an incomplete response to question number 15 on the RB-89 form, specifically the failure to specify the date an objection was interposed. The employer's subsequent request for reconsideration and/or full Board review was also denied. The Appellate Division, Third Department, affirmed the Board's decisions, emphasizing the Board's discretion to deny applications that do not comply with its regulations, particularly 12 NYCRR 300.13 (b). The court found that the employer's omission of the temporal element of the objection was a fatal defect that could not be cured by information elsewhere in the application.
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