Claim of Priola v. Andrews Staffing
Cases that cite this one
10 later published cases cite this decision.
- You Cai Zhang v. Tony's Marble & Granite Supply Corp. (Appellate Division of the Supreme Court of New York 2012)
- You Cai Zhang v. Tony's Marble & Granite Supply Corp. (Appellate Division of the Supreme Court of New York 2012)
- Matter of Waufle v. Chittenden (Appellate Division of the Supreme Court of New York 2018)
- Matter of Turner v. Graphic Paper Inc. (Appellate Division of the Supreme Court of New York 2017)
- Claim of Bowersox v. Prime Time Express, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Claim of Noury v. Airway Service (Appellate Division of the Supreme Court of New York 2007)
- Claim of Isaacs v. Fleet Financial Services (Appellate Division of the Supreme Court of New York 2004)
- Claim of Brown v. American Ballet Theatre (Appellate Division of the Supreme Court of New York 2004)
- Claim of Giancola v. Eagle Electronic Manufacturing Co. (Appellate Division of the Supreme Court of New York 2004)
- Claim of Estate of Seitz v. Jacobson & Co. (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed January 25, 2002, which ruled that claimant’s application for review of a Workers’ Compensation Law Judge’s decision was untimely.
Claimant, a truck driver, was injured on December 23, 1998 when he was pinned between two cars while conversing with his supervisor at work. He filed a claim for workers’ compensation benefits alleging injuries to his knees and back. Following
We affirm. Workers’ Compensation Law § 23 clearly provides that a party seeking review of a WCLJ’s decision must file an application for review with the Board within 30 days of the filing of the decision. The pertinent regulations state that such application “shall be in writing and shall be accompanied by a cover sheet form prescribed by the chair, and shall specify the issues and grounds for such review” (12 NYCRR 300.13 [a]). In addition, the regulations require that the application be accompanied by proof of service upon all parties in interest (see 12 NYCRR 300.13 fa]). Notably, the Board may deny an application for review where, among other things, the complete application is not filed within the 30-day time period or where the application fails to specify the issues or grounds for review (see 12 NYCRR 300.13 [e] [1] [i], [ii]).
Here, although the cover sheet was filed by claimant with the Board within the 30-day time period, it did not specify the grounds for review of the WCLJ’s decision. Rather, it was accompanied by a letter indicating that “fc]larification of the basis for the appeal will follow.” The supplemental application, which actually specified those grounds, was not filed until November 15, 2001, outside the 30-day time period. No explanation was provided by claimant as to why the grounds were not specified in the initial application. In addition, no proof of service was provided with respect to the supplemental application. Given these deficiencies and in light of the Board’s
Cardona, P.J., Crew III, Peters and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.