Norton v. New York State Department of Public Works
Norton v. New York State Department of Public Works
Opinion of the Court
Order of the Appellate Division reversed, with costs in the Court of Appeals and in the Appellate Division, and the matter remitted to the Workmen’s Compensation Board for further consideration in accordance with the memorandum filed herewith : The claim herein does not come within the provisions of section 25-a of the Workmen’s Compensation Law. The Workmen’s Compensation Board, whenever satisfied that a change of condition has occurred, may, on its own motion, subject to the limitations of sections 25-a and 123, review any award, decision or order and on such review may make an award ending, diminishing or increasing the compensation previously awarded (§ 22). The attending physician’s report, form C-4, filed before the expiration of three years from the date of the last payment of compensation (§ 25-a), was sufficient to put the board on notice that there had been a change in claimant’s condition and that the carrier’s liability had not been concluded. Accordingly, the board was justified in treating such report as an application to reopen the claim and restore it to the1 referee’s calendar. No opinion.
Reference
- Full Case Name
- In the Matter of the Claim of Guy Norton, against New York State Department of Public Works, Workmen's Compensation Board, Respondent Special Fund for Reopened Cases
- Cited By
- 4 cases
- Status
- Published