The Third Judicial Department of the Appellate Division of the New York Supreme Court held that a carrier's two year delay to file an application for review made the application untimely.
In Backus v. Wesley Health Care Center , No. 97147, 02/16/2006, Denise Backus was granted workers' compensation benefits on February 8, 2002. The carrier stopped making payments on July 1, 2003 when it learned Backus returned to work.
The Workers' Compensation Law Judge (WCLJ) reduced the earnings awards, and the carrier continued making payments. On April 16, 2004, the carrier filed an application ...
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