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MATTER OF McGUINNESS v. JOHN P. PICONE, INC.

36 A.D.3d 1032 (2007)

830 N.Y.S.2d 789

In the Matter of the Claim of HUGH McGUINNESS, Respondent, v. JOHN P. PICONE, INC., et al., Appellants, and STATE INSURANCE FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 11, 2007.

Lahtinen, J.

Wausau Insurance Company, the workers' compensation carrier for claimant's employer, contends that the Workers' Compensation Board erred in rejecting its argument that laches should have precluded the successful claim of noncoverage by the State Insurance Fund (hereinafter SIF). Laches can be asserted in the context of some workers' compensation cases, including "when there has been an inexcusable delay in raising the defense of noncoverage together with...

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