LOIACONO v. SEARS, ROEBUCK


230 A.D.2d 351 (1997)

654 N.Y.S.2d 463

In the Matter of the Claim of Carmen F. Loiacono, Respondent, v. Sears, Roebuck & Company et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workers' Compensation Board, Respondent

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

March 6, 1997


Attorney(s) appearing for the Case

Whyland & Richmond, North Syracuse (Bram S. Lehman of counsel), for appellants.

Morris Lissauer, New York City, for Special Fund for Reopened Cases, respondent.

MIKOLL, CREW III, YESAWICH JR. and SPAIN, JJ., concur.


CARDONA, P. J.

On September 9, 1981, claimant suffered a back injury while working for the employer. On January 13, 1982, the employer completed a C-2 form indicating that claimant did not lose any time from work, but did receive medical treatment on September 15, 1981. The form, however, was not filed with the Workers' Compensation Board at the time. A report from claimant's physician dated May 14, 1982 states...

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