Matter of Dimaggio v. Mayrch Excavation Found.

Summary

The New York Appellate Division, Third Department, held that a claimant's oral exception to a Workers' Compensation Law Judge's findings was sufficiently specific under 12 NYCRR 300.13 (b) (4) (v). The court reversed the Workers' Compensation Board's denial of review and remitted the matter for further proceedings.

Holdings

1. No formulaic objection is required following a WCLJ's issuance of oral findings.
2. Viewed in context, the claimant's exception was sufficiently specific to satisfy 12 NYCRR 300.13 (b) (4) (v).
3. The Board abused its discretion in denying the claimant's application for review.

Questions Presented

1. Whether the claimant's counsel sufficiently stated a specific objection or exception to the WCLJ's oral findings to satisfy 12 NYCRR 300.13 (b) (4) (v).
2. Whether the Workers' Compensation Board abused its discretion by denying the claimant's application for review.

Disposition

reversed_and_remanded