MATTER OF SMITH v. ALBANY COUNTY SHERIFF'S DEPARTMENT

510461.

82 A.D.3d 1334 (2011)

918 N.Y.S.2d 245

In the Matter of the Claim of RAYMOND C. SMITH, Respondent, v. ALBANY COUNTY SHERIFF'S DEPARTMENT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 3, 2011.


ROSE, J.

Claimant, a correction officer, filed for workers' compensation benefits alleging that he suffered depression and anxiety due to harassment at his work place. The employer's workers' compensation carrier controverted the claim, but failed to file a prehearing conference statement as required by 12 NYCRR 300.38 (f) (1). As a result, the Workers' Compensation Law Judge held that the employer waived its defenses pursuant to 12 NYCRR 300.38 (f) (4) and, upon...

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