NY 3rd Finds Untimely Notice of Injury

The Third Judicial Department of the Appellate Division of the New York Supreme Court affirmed that a claimant's failure to notify employer within 30 days of injury makes notice untimely. In Baker v. E.J. Construction Group, Inc., No. 97147, 02/16/2006, Raymond Baker was injured on January 14, 2003. However, Baker did not report his injury to his employer or file a workers' compensation claim until his pain became unbearable in March 2003. The Workers' Compensation Law Judge (WCLJ) awarded Baker benefits. The Workers' Compensation Board reversed, holding that Baker did not timely noti...