The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that the 104 week time period for an employer's filing of a claim for reimbursement does not apply where the case is closed without a finding of permanency.
In Somers v. Demco, No. 98215, 02/09/2006, Thomas Somers filed a workers' compensation claim in 1996, which was closed in 1999 without a finding of permanency. The case was reopened in May 2000 to consider the issue of lost time. In November 2000, the carrier filed a claim seeking reimbursement from the Special Disability Fund.
The workers' co...
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