Claim of Giuffre v. South General Swiss International Co.

Appellate Division of the Supreme Court of New York

Claim of Giuffre v. South General Swiss International Co.

206 A.D.2d 569, 615 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 7189

Appellate Division of the Supreme Court of the State of New York·Decided July 7, 1994·Published

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed September 28, 1993, which ruled that a lump-sum settlement barred the payment of any further benefits.

Claimant suffered a compensable injury. Her case was closed after she was awarded a lump-sum nonschedule adjustment in the amount of $17,000. Claimant submitted a bill for medical treatment after the case was closed and, upon the objection of the workers’ compensation carrier, the Board found that the carrier was not liable. We agree with the Board’s conclusion that the record did not establish a change in claimant’s condition or degree of disability that would justify reopening of the claim.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Workers’ Compensation Board, filed September 28, 1993, which ruled that a lump-sum settlement barred the payment of any further benefits.

Claimant suffered a compensable injury. Her case was closed after she was awarded a lump-sum nonschedule adjustment in the amount of $17,000. Claimant submitted a bill for medical treatment after the case was closed and, upon the objection of the workers’ compensation carrier, the Board found that the carrier was not liable. We agree with the Board’s conclusion that the record did not establish a change in claimant’s condition or degree of disability that would justify reopening of the claim.

Mercure, J. P., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Claim of Giuffre v. South General Swiss International Co., 206 A.D.2d 569, 615 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 7189 (N.Y. Ct. App. 1994).

Pincite

206 A.D.2d 569 (Claim of Giuffre v. South General Swiss International Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.