Claim of Rathbun v. D'Ella Pontiac Buick GMC, Inc.
In February 1999, claimant experienced work-related wrist and elbow pain, later diagnosed as bilateral carpal tunnel syndrome. The employer's workers’ compensation carrier initially accepted the claim and authorized medical treatment. In 2006, claimant sought authorization for left wrist surgery, which the carrier denied, asserting that liability shifted to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. This was based on the lapse of seven years from the injury date and three years from the last compensation payment. The Workers’ Compensation Board deemed § 25-a inapplicable. However, the Appellate Division reversed, finding that the case was "truly closed" in July 2003 when right wrist surgery was authorized, as no further proceedings were contemplated. Consequently, the court held that Workers’ Compensation Law § 25-a indeed applies, shifting liability to the Special Fund, and remitted the matter for further proceedings.