From Casetext: Smarter Legal Research

Claim of Mott v. ITT Industries

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 2009
66 A.D.3d 1216 (N.Y. App. Div. 2009)

Opinion

No. 506929.

October 22, 2009.

Appeal from a decision of the Workers' Compensation Board, filed September 9, 2008, which ruled that claimant's application for workers' compensation benefits was time-barred.

Bond, McDonald Lehman, P.C., Geneva (Kevin J. McDonald of counsel), for appellant.

Buckner Kourofsky, L.L.P., Rochester (Jacklyn M. Penna of counsel), for ITT Industries and another, respondents.

Before: Spain, Malone Jr., Kavanagh and McCarthy, JJ., concur.


Claimant, who performed clerical duties for the employer for over 27 years, was diagnosed with bilateral carpal tunnel syndrome in 2006 and applied for workers' compensation benefits. Following hearings, a Workers' Compensation Law Judge disallowed the claim as time-barred pursuant to Workers' Compensation Law § 28. On review, the Workers' Compensation Board affirmed, prompting claimant to appeal.

We reverse. A claim for workers' compensation benefits due to an occupational disease must be filed "within two years after disablement and after the claimant knew or should have known that the disease is or was due to the nature of the employment" (Workers' Compensation Law § 28; see Matter of McNally v Newsday, 40 AD3d 1323, 1324, lv denied 9 NY3d 809). Here, the Board determined that claimant knew or should have known no later than 2001 that her bilateral carpal tunnel syndrome symptoms were related to her employment. We note, however, that notwithstanding claimant's prior awareness that her symptoms were work-related, the Board failed to establish the date of claimant's disablement. Thus, absent "the necessary concomitant finding that claimant's date of disablement was more than two years prior to the filing of her claim for benefits" ( Matter of Patterson v Long Is. Jewish Med. Ctr., 296 AD2d 774, 775; accord Matter of Coursey v Applied Minds, Inc., 13 AD3d 865, 866), any conclusion on our part concerning whether the Board's overall determination is supported by substantial evidence would be speculative ( see Matter of Coursey v Applied Minds, Inc., 13 AD3d at 866; Matter of Patterson v Long Is. Jewish Med. Ctr., 296 AD2d at 775-776; see also Matter of Leary v NYC Bd. of Educ., 42 AD3d 712, 714).

Ordered that the decision is reversed, with costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.


Summaries of

Claim of Mott v. ITT Industries

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 2009
66 A.D.3d 1216 (N.Y. App. Div. 2009)
Case details for

Claim of Mott v. ITT Industries

Case Details

Full title:In the Matter of the Claim of DEBORAH MOTT, Appellant, v. ITT INDUSTRIES…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 22, 2009

Citations

66 A.D.3d 1216 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7561
887 N.Y.S.2d 319

Citing Cases

Mickelson v. Value Constr.

The employer and its workers' compensation carrier now appeal. "A claim for workers' compensation benefits…

Kasic v. Bethlehem Steel Corp.

Claimant now appeals. “[W]hether a claim has been filed in a timely manner presents a factual issue for the…