Claim of Patel v. Tal Transportation, Inc.
Claimant, a driver for Tal Transportation, Inc. (TTI), was injured in an automobile accident in April 1996 and filed for workers' compensation benefits. A Workers’ Compensation Law Judge (WCLJ) found claimant to be an employee of TTI and established the case for accident, notice, and causal relationship for various injuries. The Workers’ Compensation Board affirmed the WCLJ's decision on October 18, 2000, confirming the employment relationship. Subsequently, based on a stipulation with the Uninsured Employer’s Fund, the WCLJ awarded claimant a 17½% schedule loss of use of the left arm, which the Board affirmed on December 18, 2001. TTI appealed this latter decision, attempting to challenge the employment relationship, but the court found that TTI's appeal was untimely regarding the employment finding. Since TTI did not challenge the schedule loss of use award itself, the Board's December 18, 2001 decision was affirmed.