Case Law Database

Matter of Barry v. Verizon N.Y. Inc.

The case concerns an appeal from two decisions by the Workers' Compensation Board. Claimant Robert J. Barry challenged the Board's denial of his application for review of a Workers' Compensation Law Judge's decision, citing his failure to serve the necessary party, New Hampshire Insurance Company, despite serving its claim administrator, Sedgwick Claims Management Services, Inc. The Board also denied his subsequent request for reconsideration. The Appellate Division, Third Department, affirmed both Board decisions, holding that Sedgwick was not a "necessary party of interest" and that the Board did not abuse its discretion by denying review due to defective service, nor did it act arbitrarily in denying reconsideration.