Claim of Blain v. Emsig Manufacturing Corp.
Opinion of the Court
—Appeal from a decision of the Workers’ Compensation Board, filed November 27, 1995, which ruled that claimant had given timely notice of injury and awarded workers’ compensation benefits.
On March 29, 1993, claimant fell on her back and neck on a snow covered sidewalk in front of her employer’s premises as she arrived at work. Despite some pain, claimant did not seek medical attention and continued to work until June 2, 1993, when severe back pain rendered her unable to stand or to engage in work. At that time, claimant submitted a written request for disability benefits which informed the employer, for the first time, that she had sustained a work-related injury. Claimant thereafter submitted a written notice of her injury and claim for workers’ compensation benefits to the employer on August 31, 1993, well beyond the 30-day notification period set forth in Workers’ Compensation Law § 18. Substantial evi
Cardona, P. J., Mikoll, White, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.