Summary
This Appellate Division, Third Department opinion reviews a Workers' Compensation Board decision that found the employer timely filed a notice of controversy because the case had not yet been indexed by the Board. The court notes that while the Board correctly applied precedent regarding indexing, it failed to address the claimant's alternative arguments concerning whether the employer's initial injury reports accepting liability were binding and whether its subsequent controversion violated statutory timeframes. Consequently, the court reverses the Board's decision and remands the matter for further proceedings to address these unreviewed contentions.
Topics
Practice areas
Questions Presented
- Whether the employer’s pre‑hearing conference statement was timely under Workers' Compensation Law §25(2)(b) given the case was not indexed
- Whether the employer’s acceptance of liability on the injury reports is binding on the Board
- Whether the Board must address the appellant’s arguments on remand
Holdings
- The appellate court held that the Board must consider the timeliness issue on remand; it did not resolve the question at this stage.
Key quotations
“ORDERED that the decision is reversed, without costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.” (end)
Factual background
Jennell Collins, a cleaner for the New York City Transit Authority, slipped on a tilted bench on March 7, 2022, injuring her arm, shoulder, and thoracic spine. She filed a workers' compensation claim. The employer filed injury reports indicating liability, but later contested the claim, arguing the 25‑day notice period was not triggered because the case had not been indexed. The Workers' Compensation Law Judge initially found the employer waived defenses; the Board later reversed that finding.
Procedural history
The Workers' Compensation Board initially found the employer had timely filed a notice of controversy. After subsequent proceedings, the Board modified its decision, holding the employer did not waive defenses and that §25(2)(b) was inapplicable because the case was not indexed. The appellant appealed that decision.
Remand instructions
Remand the matter to the Workers' Compensation Board to address the employer’s timeliness of the pre‑hearing statement, the binding effect of the employer’s acceptance of liability on the injury reports, and to provide an explanation for its determination.