Claim of Andrus v. Purolator Products
A claimant sustained a shoulder injury in 1993, and the case was closed in 1993 and again in October 2000 after authorization for cortisone injections. Subsequently, a WCLJ discharged the employer's carrier from liability, asserting the Special Fund Conservation Committee was responsible under Workers' Compensation Law § 25-a due to the case being fully closed. The Workers' Compensation Board reversed this, finding the October 2, 2000 closing was not a "true closing." On appeal, the Court found the Board's decision lacked substantial evidence, determining that the case was indeed fully closed, triggering the application of § 25-a. Consequently, the Board's decision was reversed, and the matter remitted for further proceedings consistent with the Court's ruling.