MATTER OF FISCHER v. UNITED PARCEL SERVICE

510695.

84 A.D.3d 1612 (2011)

923 N.Y.S.2d 775

In the Matter of the Claim of DAVID P. FISCHER, Appellant, v. UNITED PARCEL SERVICE et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 19, 2011.


McCARTHY, J.

Claimant retired from his position as a delivery driver for United Parcel Service in April 2006. Prior to retiring, claimant was found to have established two work-related injuries to his back, one in 1998 and the other in 2001, neither of which caused claimant to lose time from work or resulted in the payment of benefits. In January 2008, claimant sought to reopen his 2001 claim and, in response, the employer's workers' compensation carrier sought to...

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