The 104-week limitation on claims from the Special Disability Fund does not apply to a case that has been closed without a finding of permanent disability and then reopened, the New York Court of Appeals ruled.
Its finding applies even when the closure occurs more than 104 weeks after the date of disability, the court said in Somers v. Demco, 46 SSM 38, 1/11/07.
The case involved a worker whose claim was closed without a finding of permanent disability after the 104-week period had expired. The case was later reopened and determination reached assigning permanent disability benefits to be ...
Comments