NY 3rd: Failure to Produce Results in Record Closure

The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that a Workers' Compensation Law Judge (WCLJ) has discretion to close the record if the carrier continually fails to provide additional required evidence. In Cross v. G.B. Hall Inc., No. 96803, 12/08/05/2005, Norman Cross suffered an industrial lower back injury and submitted a claim for benefits. It was alleged during the proceedings that the employer's workers compensation carrier had canceled the employer's policy. To resolve this issue, the Workers' Compensation Law Judge (WCLJ) requested d...