Opinion
2013-11-14
In the Matter of the Claim of Mensura HINOVIC, Appellant, v. GREENSTAR COOPERATIVE MARKET et al., Respondents. Workers' Compensation Board, Respondent.
Mensura Hinovic, Ithaca, appellant pro se. Gitto & Niefer, LLP, Binghamton (Jason M. Carlton of counsel), for Greenstar Cooperative Market and another, respondents.
Mensura Hinovic, Ithaca, appellant pro se. Gitto & Niefer, LLP, Binghamton (Jason M. Carlton of counsel), for Greenstar Cooperative Market and another, respondents.
Before: Rose, J.P., Lahtinen, Garry and Egan Jr., JJ.
LAHTINEN, J.
Appeal from a decision of the Workers' Compensation Board, filed August 29, 2011, which ruled that payment of workers' compensation benefits to claimant continue at a tentative rate.
Claimant appeals from a decision of the Workers' Compensation Board directing that she continue to receive benefits at a tentative rate, reflecting that she suffers *808from a partial disability, pending the outcome of efforts to reach a settlement pursuant to Workers' Compensation Law § 32. She did not appeal from that decision, however, until almost two months after it was filed. In the absence of any indication that a lack of appropriate notice of the Board's decision caused that delay, claimant's appeal is untimely and must be dismissed ( seeWorkers' Compensation Law § 23; Matter of McHugh v. Daily Freeman, 61 A.D.3d 1127, 1128, 877 N.Y.S.2d 732 [2009];Matter of Stabak v. ISS Intl., 248 A.D.2d 814, 814, 670 N.Y.S.2d 242 [1998],lv. dismissed and denied92 N.Y.2d 891, 678 N.Y.S.2d 590, 700 N.E.2d 1226 [1998] ).
ORDERED that the appeal is dismissed, without costs.