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Ruling Entered Without Prejudice Could Be 'True Closing' of Claim

By WorkCompCentral

Friday, March 25, 2016 | 708 | 0 | 13 min read

A New York appellate court ruled that a judge's determination as to the extent of a worker's disability, though made without prejudice, constituted the "true closing" of the claim for purposes of determining when liability could transfer to the Special Fund for Reopened Cases. Case: Matter of Giansante v. Seneca Cayuga, No. 521442, 03/17/2016, published. Facts: Patrice Giansante injured her right ankle in 2006 while working for Seneca Cayuga. She received an award of benefits for a 15% schedule loss of use of the right foot in 2007. Giansante underwent surgery in 2012, and...

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