Matter of NYC Transit Authority Employer
No. G2396697
New York Workers Compensation
November 8, 2020
Date
of Accident: 06/07/2018
District
Office: NYC
Carrier:
NYC Transit Authority, Carrier ID No.: W848006, Carrier Case
No.: TA201803131
Claimant's Attorney: Joel Fredericson
Panel:
Clarissa M. Rodriguez
MANDATORY
FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION
The
Full Board, at its meeting on July 21, 2020, considered the
above captioned case for Mandatory Full Board Review of the
Board Panel Memorandum of Decision filed March 2, 2020.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
claimant's untimely application for administrative review
should be considered.
The
Workers' Compensation Law Judge (WCLJ) disallowed this
occupational disease claim.
The
Board Panel majority denied claimant's application for
review because it was untimely.
The
dissenting Board Panel member would have excused
claimant's failure to file a timely application for
administrative review and addressed the merits of the
application.
The
claimant filed an application for Mandatory Full Board Review
on April 1, 2020.
The
self-insured employer (SIE) filed a rebuttal on April 24,
2020.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
Claimant
filed a C-3 (Employee Claim) on January 14, 2019, alleging
that he injured his right hip as a result of repetitive
stress and strain at work. The SIE controverted the claim.
Following
the deposition of claimant's treating physician, Dr.
Bleicher, and the testimony of the claimant, the WCLJ
disallowed the claim, finding in a decision filed November 8,
2019, that "Dr. Bleicher did not testify with actual
knowledge of the claimant['s] work activities which may
have contributed to his alleged occupational disease."
...
