Claim of Kopystecki v. John C. Mandel Security Bureau, Inc.

Appellate Division of the Supreme Court of New York

Claim of Kopystecki v. John C. Mandel Security Bureau, Inc.

65 A.D.2d 636, 409 N.Y.S.2d 265, 1978 N.Y. App. Div. LEXIS 13353

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1978·Published

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed February 18, 1977, which disallowed a claim for compensation benefits on the ground that the claim was not timely filed. The board found "the claimant’s attorney objects to the decision of October 12, 1976, contending that the date of disability should be amended to read November 19, 1975, as claimant did not know what his disability was until he saw the doctor * * *. Upon review, the Board finds, based upon the credible evidence that Notice and Proof of Claim for disability was not filed within 26 weeks after commencement of the disability.” The record contains substantial evidence to sustain the finding of the board (see Matter of Whalen v Allied Messenger Serv., 12 AD2d 1). Decision affirmed, without costs. Mahoney, P. J., Sweeney, Larkin, Mikoll and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed February 18, 1977, which disallowed a claim for compensation benefits on the ground that the claim was not timely filed. The board found "the claimant’s attorney objects to the decision of October 12, 1976, contending that the date of disability should be amended to read November 19, 1975, as claimant did not know what his disability was until he saw the doctor * * *. Upon review, the Board finds, based upon the credible evidence that Notice and Proof of Claim for disability was not filed within 26 weeks after commencement of the disability.” The record contains substantial evidence to sustain the finding of the board (see Matter of Whalen v Allied Messenger Serv., 12 AD2d 1). Decision affirmed, without costs. Mahoney, P. J., Sweeney, Larkin, Mikoll and Herlihy, JJ., concur.

Claim of Kopystecki v. John C. Mandel Security Bureau, Inc., 65 A.D.2d 636, 409 N.Y.S.2d 265, 1978 N.Y. App. Div. LEXIS 13353 (N.Y. Ct. App. 1978).

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Opinion

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