Court of Appeals of New York

On a claim for death benefits under the Workers' Compensation Law, the decision of the appellate division in favor of the defendant is reversed and the case remitted to that court to remand to the Workers' Compensation Board for further proceedings, where there was an undisputed finding that the employer untimely filed the notice of controversy and there was no showing of good cause or other reason to excuse the failure, so that the employer should have been precluded from offering its physician's testimony to dispute claimant's evidence on the issue of causation.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Joel M. Gluck, David W. Faber