MATTER OF PENA v. ALIZE II CORPORATION

508330.

77 A.D.3d 1225 (2010)

909 N.Y.S.2d 583

In the Matter of the Claim of RINEYDA BURGOS PENA, Respondent, v. ALIZE II CORPORATION, Doing Business as CARIDAD & LOUIE'S, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 28, 2010.


ROSE, J.

Claimant, a waitress, applied for workers' compensation benefits in June 2008, alleging that she injured her leg, hip and back in a fall that occurred during the course of her employment on April 29, 2008. In controverting the claim, the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) contended that claimant did not provide timely notice of the incident leading...

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