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MATTER OF BOOTH v. D.V. GONZALEZ CONSTRUCTION, INC.

309 A.D.2d 1095 (2003)

766 N.Y.S.2d 402

In the Matter of the Claim of JACK O. BOOTH, Appellant, v. D.V. GONZALEZ CONSTRUCTION, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 30, 2003.

Mercure, J.P.

Claimant was working as an electrician when he allegedly sustained a back injury in February 1986. He did not file a claim for workers' compensation benefits until February 1991.* In the decision under review, the Workers' Compensation Board concluded that the claim was untimely and dismissed it. Claimant appeals.

Workers' Compensation Law § 28 bars a claim that has been filed over two years after the date of...

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