Claim of Adams v. Owens Corning Fiberglass
The Special Disability Fund appealed a Workers’ Compensation Board decision from November 23, 1999, which had discharged the Fund from liability under Workers’ Compensation Law § 15 (8). Initially, a WCB panel ruled that the employer’s carrier was entitled to reimbursement for a claimant's preexisting coronary artery disease. Although the Fund's appeal to this Court was dismissed for failure to prosecute, the full Board later rescinded the panel's decision, finding the carrier's reimbursement claim failed to specify coronary artery disease as a preexisting disability. This Court affirmed the full Board's decision, asserting the Board's plenary authority under Workers’ Compensation Law § 123 to modify its decisions, even after an appeal dismissal. The Court emphasized strict adherence to claim form requirements, noting the carrier's form lacked specific mention of the coronary artery disease, thereby denying the reimbursement claim.