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MATTER OF CLAIM OF ANDERSON v. CENTRAL NEW YORK DEVELOPMENTAL DISABILITIES SERVICE OFFICE

2 A.D.3d 1011 (2003)

769 N.Y.S.2d 623

In the Matter of the Claim of PINKIE ANDERSON, Respondent, v. CENTRAL NEW YORK DEVELOPMENTAL DISABILITIES SERVICE OFFICE et al., Appellants. WORKERS' COMPENSTATION BOARD, Respondent.

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

December 11, 2003.

Lahtinen, J.

The issue on appeal is whether a 20% penalty pursuant to Workers' Compensation Law § 25 (3) (f) must be assessed against a workers' compensation carrier when, because of the effect on its business operations of the terrorist attacks of September 11, 2001, its payment under a Workers' Compensation Law § 32 waiver agreement was four days late. Claimant and the employer's workers' compensation carrier entered into a waiver agreement pursuant to...

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