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Dearstyne v. New York State Department of Public Works

Appellate Division of the Supreme Court of the State of New York
MISSING

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Claimant sustained two lower back injuries in 1956, with cases closed after the last compensation payment in 1958. After a re-injury in 1973, North River Insurance Co. requested reopening of the 1956 cases for apportionment, supported by Dr. Teresi's report. The Workers' Compensation Board initially reopened the cases but later modified a referee's decision, ruling the 1956 claims were barred by the Statute of Limitations under Workers' Compensation Law § 123. Claimant's counsel sought review, arguing the reopening request was timely. The court reversed the Board's decision, finding that the formal application for reopening was timely made and the Board abused its discretion by refusing to reopen on timeliness grounds, remitting the matter for further consideration.

Dearstyne v. New York State Department of Public Works is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.

It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.

Full Decision Text1 Pages

Claimant sustained two lower back injuries in 1956, with cases closed after the last compensation payment in 1958. After a re-injury in 1973, North River Insurance Co. requested reopening of the 1956 cases for apportionment, supported by Dr. Teresi's report. The Workers' Compensation Board initially reopened the cases but later modified a referee's decision, ruling the 1956 claims were barred by the Statute of Limitations under Workers' Compensation Law § 123. Claimant's counsel sought review, arguing the reopening request was timely. The court reversed the Board's decision, finding that the formal application for reopening was timely made and the Board abused its discretion by refusing to reopen on timeliness grounds, remitting the matter for further consideration.

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Dearstyne v. New York State Department of Public Works workers compensation case in Appellate Division of the Supreme Court of the State of New York. Legal case summary, ruling, and analysis for attorneys and legal research.

Dearstyne v. New York State Department of Public Works case law summary from Appellate Division of the Supreme Court of the State of New York. Workers compensation legal decision, case analysis, and court ruling details.

Dearstyne v. New York State Department of Public Works Case Analysis

Dearstyne v. New York State Department of Public Works is a legal case related to workers' compensation in Appellate Division of the Supreme Court of the State of New York. This case explains important rulings, legal interpretations, and claim decisions.

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