McLaughlin v. Ludlow Valve Co.
The case, Claimant v. Respondents, centers on whether an employer's payment for eyeglasses, lost in a 1967 plane accident, constituted an "advance payment" of workers' compensation, thus waiving the two-year filing limit under Workers’ Compensation Law Section 28 for a claim filed in 1971. Initially, the referee found in favor of the claimant, but the Workers' Compensation Board reversed, ruling the payment was merely for personal property loss. The court found the board erred in applying the law, noting eyeglasses are compensable under Section 13(a) and the board failed to adequately consider whether the payment was made in acknowledgment of liability. Furthermore, the board neglected to consider an employer's affidavit affirming the payment was an advance of compensation. Consequently, the court reversed the board's decision and remitted the case for further development of the record on the issues of the accident, notice, and causal relationship.