Claim of Aposporos v. NYNEX
In the Matter of the Claim of Karen Aposporos v. NYNEX, and Special Disability Fund, Workers' Compensation Board
Full Opinion (html_with_citations)
Appeal from a decision of the Workersâ Compensation Board, filed December 13, 2006, which ruled that Workersâ Compensation Law § 25-a did not apply.
As a result of pain and numbness of various parts of her body which developed during her employment, claimant applied for workersâ compensation benefits in May 1996 claiming injury to her neck and both wrists. In February 1997, a compensable injury was established for her left wrist while determinations with regard to other injury sites were held in abeyance. Thereafter, in May 1999, her claim was amended to include her neck and left shoulder, and the Workersâ Compensation Law Judge noted that no further action was contemplated at that time. As is pertinent here, claimant submitted a request for further action in March 2006 in order to establish an injury to her right wrist. In light of the time that had elapsed between the dates of claimantâs injury and the last payment of benefits and the date of her request to reopen, the employer asserted that the Special Disability Fund was liable pursuant to Workersâ Compensation Law § 25-a. A Workersâ Compensation Law Judge determined that the Fund was not liable and, finding that there had not been a true closing of the case, the Workersâ Compensation Board agreed. The employer now appeals.
The applicability of Workersâ Compensation Law § 25-a depends upon whether the case has been officially closed, and the Boardâs determination of this question of fact will not be disturbed if substantial evidence supports it (see Matter of Washburn v Bob Hooey Constr. Co., 39 AD3d 956, 957-958 [2007]; Matter of Granberry v JCCA Edenwald, Inc., 33 AD3d 1102, 1103 [2006]). Turning to claimantâs case, the record
Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.