Opinion
No. 503559.
June 5, 2008.
Appeal from a decision of the Workers' Compensation Board, filed February 8, 2007, which ruled that claimant's application for review was untimely.
Buckley, Mendleson, Criscione Quinn, P.C., Albany (Brendan G. Quinn of counsel), for appellant.
Stockton, Barker Mead, Albany (Mederic J. Ethier of counsel), for Richmor Aviation, Inc. and another, respondents.
Before: Mercure, J.P., Spain, Kane and Malone Jr., JJ.
The current case arises from the same aircraft accident as in Matter of Hiser v Richmor Aviation, Inc. ( 52 AD3d 915 [decided herewith]) and involves the identical issue. For the reasons set forth in Matter of Hiser, we reverse and remit to the Workers' Compensation Board for consideration of the merits of claimant's argument.
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.