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MATTER OF KEARSCH v. TOWN OF HEMPSTEAD

98 A.D.2d 893 (1983)

In the Matter of the Claim of John Kearsch, Respondent, v. Town of Hempstead, Respondent, and Special Disability Fund, Appellant. Workers' Compensation Board, Respondent

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

December 15, 1983

Under that provision, a self-insured employer could file a C-250 claim for reimbursement from the Special Fund at the latest before a determination of permanency was made. Here, the C-250 form was missing from the board's folder on November 19, 1981 when the finding of permanency was established. However, the record indicates that, on November 20, 1980, the Special Fund knew of the claim under section 15 (subd 8, par [f]) of the Workers' Compensation Law and attended a hearing...

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