Matter of Foster v. Monadnock Constr. Inc.

Summary

The Appellate Division, Third Department affirmed a Workers' Compensation Board decision holding that the claimant's claim was not barred by the two-year limitations period in Workers' Compensation Law § 28. The court concluded that the Board received sufficient notice of the injury and a potential compensation claim within two years of the accident, based on accident notifications and medical records. The court further explained that a timely claim may be amended to include consequential injuries.

Holdings

1. A workers' compensation claim is timely when the claim form or other documents provided to the Board within two years of the accident contain sufficient facts from which it may reasonably be inferred that a claim for compensation was being made. The accident notice and medical records submitted to the Board constituted substantial evidence supporting the Board's determination that a timely claim had been received.
2. The two-year limitations period in Workers' Compensation Law § 28 does not bar amendment of a timely claim to include consequential injuries arising from the initial compensable accident.

Questions Presented

1. Whether the Board received sufficient notice within two years of the accident to constitute the filing of a workers' compensation claim under Workers' Compensation Law § 28.
2. Whether the two-year limitations period barred claimant from amending the timely claim to include consequential injuries or conditions related to the original accident.

Disposition

affirmed