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MATTER OF CLAIM OF JOHNSON v. SHELMAR CORPORATION

2 A.D.3d 1010 (2003)

768 N.Y.S.2d 407

In the Matter of the Claim of JOHN A. JOHNSON, Respondent, v. SHELMAR CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

December 11, 2003.

Carpinello, J.

Claimant suffered work-related injuries in 1993. The parties negotiated a settlement pursuant to Workers' Compensation Law § 32 and a notice of approval was filed September 12, 2001. The resulting settlement funds were mailed to claimant on September 24, 2001. Claimant thereafter requested the imposition of a 20% penalty on the ground that the payment was made more than 10 days after the filing of the notice of approval in violation of Workers...

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