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MATTER OF McCUTCHEON v. PUBLIC SERVICE DEPARTMENT

290 A.D.2d 679 (2002)

735 N.Y.S.2d 658

In the Matter of the Claim of MICHAEL McCUTCHEON, Respondent, v. PUBLIC SERVICE DEPARTMENT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 10, 2002.

Mercure, J.

Although claimant did not file a claim for workers' compensation benefits within two years of his work-related knee injury, his treating physician filed a C-4 medical report within the two-year period. The report described the injury and its possible aggravation and requested authorization for an MRI. The Workers' Compensation Board concluded that the filing of the medical report satisfied the claim-filing requirement of the two-year limitations period...

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