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TERJESEN v. KIEWIT & SONS CO.

197 A.D.2d 163 (1994)

In the Matter of the Claim of The Estate of George Terjesen, Deceased, Respondent, v. Peter Kiewit & Sons Company et al., Appellants. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 21, 1994

Attorney(s) appearing for the Case

Cherry, Edson & Kelly, Hempstead (Henriette Frieder of counsel), for appellants.

G. Oliver Koppell, Attorney-General, New York City (Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

CREW III, CASEY, WEISS and PETERS, JJ., concur.

CARDONA, P. J.

The principal contention by the employer on this appeal is that Workers' Compensation Law § 115, which states that "[n]o limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor so long as he has no committee or guardian", should be construed as including the appointment of a conservator as a basis for ending the toll of the limitations...

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