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Employer Can't Reopen Worker's Claim and Transfer Liability to Special Fund

By WorkCompCentral

Thursday, November 30, 2017 | 188 | 0 | 0 min read

A New York appellate court ruled that an employer could not reopen a worker’s claim and transfer liability to the Special Fund for Reopened Cases when there was no liability to shift. Case: Matter of Whitmeyer v. Oneida County, No. 523576, 11/16/2017, published. Facts and procedural history: Susan Whitmeyer suffered injuries as a result of her exposure to chemical fumes while working for Oneida County in November 2006. She received an award of workers’ compensation benefits for her injuries. In January 2012, a workers’ compensation law judge determined that Whitmeyer had s...

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