Claim of Giemza v. Town of Cambridge
This appeal concerns the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant was injured in 1993 while working for the Town of Cambridge, leading to a workers' compensation claim and a third-party action. A Workers’ Compensation Law Judge initially found work-related injuries and awarded benefits, but noted the applicability of § 25-a was pending the third-party action, which later settled. Subsequently, the WCLJ ruled that liability shifted to the Special Fund, but the Workers’ Compensation Board reversed, asserting there was no "true closing" of the case due to the pending third-party action. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the shift of liability to the Special Fund.