Claim of Palevsky v. New York City Board of Education
In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.