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Matter of Blain v. Emsig Mfg. Corp.

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 602 (N.Y. App. Div. 1998)

Opinion

April 2, 1998

Appeal from the Workers' Compensation Board.


On March 29, 1993, claimant fell on her back and neck on a snow covered sidewalk in front of her employer's premises as she arrived at work. Despite some pain, claimant did not seek medical attention and continued to work until June 2, 1993 when severe back pain rendered her unable to stand or to engage in work. At that time, claimant submitted a written request for disability benefits which informed the employer, for the first time, that she had sustained a work-related injury. Claimant thereafter submitted a written notice of her injury and claim for workers' compensation benefits to the employer on August 31, 1993, well beyond the 30-day notification period set forth in Workers' Compensation Law § 18. Substantial evidence supports the Workers' Compensation Board's decision which excused claimant's failure to file a timely notice on the ground that she had notified her employer as soon as she realized the severity of her injury (see, Matter of Peters v. Putnam Hosp. Ctr., 146 A.D.2d 834, 835; Matter of McEnaney v. Memorial Hosp., 80 A.D.2d 689, lv denied 53 N.Y.2d 606). Contrary to the contention raised on appeal, the Board's decision to excuse claimant's late notice was not dependent upon the possibility of prejudice to the employer (see, Matter of Voight v. Rochester Prods. Div., GMC, 125 A.D.2d 799, 801). Inasmuch as the Board's decision is supported by the record, it will not be disturbed (see, id.).

Cardona, P.J., Mikoll, White, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Blain v. Emsig Mfg. Corp.

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 602 (N.Y. App. Div. 1998)
Case details for

Matter of Blain v. Emsig Mfg. Corp.

Case Details

Full title:In the Matter of the Claim of CARIDAD BLAIN, Respondent, v. EMSIG…

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

Date published: Apr 2, 1998

Citations

249 A.D.2d 602 (N.Y. App. Div. 1998)
671 N.Y.S.2d 533

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