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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Parmenter v. New York Telephone Co.

The Workers’ Compensation Board excused the claimant's failure to give timely notice of an ankle injury sustained on October 16, 1979. The claimant notified her employer on November 26, 1979, after receiving medical treatment. The board found that notice was given as soon as the claimant became aware of the nature and extent of her injury. Additionally, the employer had actual knowledge of the injury due to the claimant's obvious disability, causing no prejudice. The appellate court affirmed the board's decision, finding substantial evidence to support its findings.

Workers' CompensationNotice of InjuryTimely NoticeEmployer KnowledgePrejudiceAnkle InjuryBoard DecisionAppellate ReviewSubstantial EvidenceExcused Failure
References
3
Case No. MISSING
Regular Panel Decision
Nov 26, 2002

Alexander v. City of New York

The Supreme Court, Bronx County, affirmed the denial of the petitioner's application for leave to file a late notice of claim. The petitioner failed to provide a reasonable excuse for the delay, did not establish that the respondents had timely notice of the facts, and could not show that the respondents would not be substantially prejudiced. The excuse of awaiting an accident report was deemed unreasonable as the petitioner already possessed necessary information. Furthermore, the workers' compensation report allegedly filed by the employer did not adequately disclose the basis for liability. The substantial passage of time since February 2001 prejudiced the respondents' ability to investigate alleged ladder defects and collect witness testimony.

late notice of claimreasonable excuseprejudiceworkers' compensation reportaccident reportSupreme Courtdenial of applicationfailure to demonstrate noticeinvestigation impairmentwitness testimony
References
2
Case No. MISSING
Regular Panel Decision

Claim of Cortese v. Rochester Products Division, G.M.C.

This case concerns an appeal from decisions of the Workers’ Compensation Board regarding a claimant who developed leg and back pain, culminating in a herniated disc, after a new work assignment involving lifting heavy carburetors. The self-insured employer appealed the Board's findings that the claimant sustained a compensable injury and that her failure to give timely statutory notice was excused. The court affirmed the Board's decisions, asserting that a compensable accident can arise from repetitive trauma leading to a sudden collapse, and the specific onset of severe pain satisfies the suddenness test. Furthermore, the Board properly excused the delayed notice as it neither aggravated the injury nor hindered the defense. Substantial medical evidence supported the causal relationship between the work activities and the injury.

Repetitive TraumaHerniated DiscLaminectomyDelayed Notice ExcusedCausal ConnectionSuddenness TestWorkers' Compensation Board AppealSubstantial EvidenceWork-related InjuryEmployer Liability
References
10
Case No. MISSING
Regular Panel Decision
Nov 25, 1997

Mark v. Board of Education

The Supreme Court, Kings County, denied the petitioners' application for leave to serve a late notice of claim, an order which was subsequently affirmed on appeal. The appellate court found no improvident exercise of discretion in the denial. The petitioners failed to provide a legally acceptable excuse for their almost six-month delay beyond the 90-day statutorily-prescribed period. Additionally, the petitioners did not provide the respondents with actual notice of the essential facts of the claim within the required timeframe. The court noted that the conditions at the accident scene changed to the prejudice of the respondents, preventing their own investigation, and the ladder involved was allegedly discarded immediately after the incident. Filing a Workers’ Compensation claim was also deemed insufficient to satisfy the notice requirements of General Municipal Law § 50-e.

late notice of claimjudicial discretionactual noticeprejudice to respondentchanged conditionsWorkers’ Compensation claimappellate reviewstatutory periodKings Countymunicipal liability
References
8
Case No. MISSING
Regular Panel Decision

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
Case No. MISSING
Regular Panel Decision

McDonald-Besheme v. Verizon Wireless, Inc.

Claimant, an operations specialist, was injured in a fall in March 2003 and subsequently filed a claim for workers’ compensation benefits. The employer failed to file a notice of controversy within the 25-day statutory period after receiving the notice of indexing on August 1, 2003. A Workers’ Compensation Law Judge found the employer's notice untimely, precluding the employer from contesting the employer-employee relationship or that the injury arose out of employment. The Workers’ Compensation Board upheld this determination, as the employer did not demonstrate good cause for the delay. The employer appealed, but the court affirmed the Board’s decision.

Late Notice of ControversyEmployer LiabilityTimeliness of FilingAppeal DecisionAdministrative ReviewStatutory ComplianceDiscretionary PowersAbsence of Good CausePreclusion of DefenseWorkplace Injury Claim
References
4
Case No. MISSING
Regular Panel Decision

Matter of Corwin v. City of New York

Ronald Corwin was injured in a Citi Bike accident due to an unpainted concrete wheel stop. He initially filed a notice of claim alleging the City's negligence in installing and maintaining the wheel stop. Later, he sought to amend his claim to include a 'design claim' (negligent infrastructure design) and a 'helmet claim' (negligent failure to provide helmets system-wide). The motion court denied the amendment. On appeal, the majority of the court denied the motion to amend but granted leave to file a late notice for both the design and helmet claims. Judge Andrias dissents in part, agreeing with the denial of the amendment and the granting of the design claim, but arguing that the helmet claim should not be granted due to lack of reasonable excuse for delay and the City's lack of actual prior notice.

Notice of ClaimGeneral Municipal LawLate Notice of ClaimAmendment of ClaimNegligenceDesign ClaimHelmet ClaimPersonal InjuryBicycle AccidentActual Notice
References
23
Case No. MISSING
Regular Panel Decision

Colarossi v. City of New York

The Supreme Court, New York County, initially granted the plaintiff's motion for leave to serve a late notice of claim. However, this decision was unanimously reversed on appeal, and the motion was subsequently denied. The appellate court determined that the plaintiff's reliance on law office failure did not constitute a reasonable excuse for the delay in serving the notice of claim. Additionally, the plaintiff failed to establish that the City had actual notice of the essential facts within the mandated 90-day period or a reasonable time thereafter, as a Workers’ Compensation Board C-3 form provided by the employer did not link the incident to any claim against the City. Furthermore, the court noted that the plaintiff did not demonstrate that the City remained unprejudiced by the significant delay, particularly given the transitory nature of the alleged defective condition.

Late Notice of ClaimLaw Office FailureActual NoticePrejudiceWorkers' Compensation Board FormC-3 FormMunicipal LiabilityAppellate ReviewDiscretionary RulingReversal
References
5
Case No. MISSING
Regular Panel Decision

Brito v. City of New York

The petitioner appealed an order denying leave to serve a late notice of claim. The Supreme Court's denial was affirmed on appeal because the petitioner's excuses for the nine-month delay (belief in Workers' Compensation as sole remedy and unawareness of other recovery options) were deemed insufficient. Additionally, the petitioner failed to demonstrate that the respondents had timely knowledge of the accident, which are crucial factors in evaluating late notice of claim applications. The appellate court found no improvidence in the lower court's decision.

Late Notice of ClaimGeneral Municipal LawActual KnowledgeReasonable ExcusePrejudiceWorkers' CompensationAppellate ReviewDenial of ApplicationSupreme CourtKings County
References
2
Case No. MISSING
Regular Panel Decision
Sep 27, 1990

Bruce Coopersmith v. County of Greene

Petitioner appealed the Supreme Court's denial of their application to serve a late notice of claim against the respondent, nearly a year after an accident. The appellate court noted that the respondent did not have actual notice of the claim until the motion was made. The petitioner's stated reasons for the delay, which included a belief that workers' compensation was the exclusive remedy and a lack of knowledge regarding the respondent's ownership of the premises, were deemed insufficient to excuse the delay. The Supreme Court's denial of the motion was affirmed, with the appellate court finding no abuse of discretion.

Late Notice of ClaimGeneral Municipal LawWorkers' CompensationAbuse of DiscretionAppellate ReviewMunicipal LiabilityTimelinessActual Notice
References
4
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