MATTER OF RILEY v. P&V SADOWSKI CONSTR.

515259.

104 A.D.3d 1039 (2013)

962 N.Y.S.2d 724

2013 NY Slip Op 1889

In the Matter of the Claim of JOSEPH RILEY, Appellant, v. P&V SADOWSKI CONSTRUCTION, Respondent, and SPECIAL FUND FOR REOPENED CASES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

March 21, 2013.


Stein, J.

Appeal from a decision of the Workers' Compensation Board, filed November 30, 2011, which ruled that the reopening of the claim was barred by Workers' Compensation Law § 123.

Claimant sustained a work-related injury to his right knee in 1990 for which he obtained a schedule loss of use award. His condition worsened following a 2003 injury and, in September 2008, a Workers' Compensation Law Judge (hereinafter WCLJ) found that the claim was reopened...

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