Claim of Kinsey v. Union Free School District No. 1

Appellate Division of the Supreme Court of New York

Claim of Kinsey v. Union Free School District No. 1

63 A.D.2d 1097, 406 N.Y.S.2d 384, 1978 N.Y. App. Div. LEXIS 12202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1978

StatusPublished

Cited by1 cases

This text of 63 A.D.2d 1097 (Claim of Kinsey v. Union Free School District No. 1) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Kinsey v. Union Free School District No. 1, 63 A.D.2d 1097, 406 N.Y.S.2d 384, 1978 N.Y. App. Div. LEXIS 12202 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed October 31, 1975, which modified the referee’s decision and denied claimant reimbursement for certain nursing services. The board found "that claimant was represented by counsel and the issue of reimbursement for nursing services from April, 1957 to June, 1967 was never raised. The Board Panel finds that decedent’s husband is guilty of latches [sic].” The record shows that after claimant initially broached the subject of reimbursement for past nursing services in 1967, the carrier agreed to pay claimant $360 per month, retroactive to June 9, 1967. Claimant accepted these payments without objection. At subsequent hearings the issue was [1098]*1098ignored without protest. Not until September 27, 1974, when the referee raised the question did claimant renew his claim for retroactive reimbursement dating back to 1956. On this record the board was well within its powers in barring the claim for laches. Decision affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed October 31, 1975, which modified the referee’s decision and denied claimant reimbursement for certain nursing services. The board found "that claimant was represented by counsel and the issue of reimbursement for nursing services from April, 1957 to June, 1967 was never raised. The Board Panel finds that decedent’s husband is guilty of latches [sic].” The record shows that after claimant initially broached the subject of reimbursement for past nursing services in 1967, the carrier agreed to pay claimant $360 per month, retroactive to June 9, 1967. Claimant accepted these payments without objection. At subsequent hearings the issue was [1098]*1098ignored without protest. Not until September 27, 1974, when the referee raised the question did claimant renew his claim for retroactive reimbursement dating back to 1956. On this record the board was well within its powers in barring the claim for laches. Decision affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

63 A.D.2d 1097, 406 N.Y.S.2d 384, 1978 N.Y. App. Div. LEXIS 12202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-kinsey-v-union-free-school-district-no-1-nyappdiv-1978.

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