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Claim of Hinovic v. Greenstar Cooperative Market

111 A.D.3d 1031 Court N.Y. App. Div. Decision date 2013-11-14 English

Delivered by Lahtinen, J.

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p. 1031
In the Matter of the Claim of Mensura Hinovic, Appellant, v Greenstar Cooperative Market et al., Respondents. Workers’ Compensation Board, Respondent.
[974 NYS2d 807]

Appeal from a decision of the Workers’ Compensa

p. 1032
tion Board, filed August 29, 2011, which ruled that payment of workers’ compensation benefits to claimant continue at a tentative rate.

Claimant appeals from a decision of the Workers’ Compensation Board directing that she continue to receive benefits at a tentative rate, reflecting that she suffers from a partial disability, pending the outcome of efforts to reach a settlement pursuant to Workers’ Compensation Law § 32. She did not appeal from that decision, however, until almost two months after it was filed. In the absence of any indication that a lack of appropriate notice of the Board’s decision caused that delay, claimant’s appeal is untimely and must be dismissed (see Workers’ Compensation Law § 23; Matter of McHugh v Daily Freeman, 61 AD3d 1127 , 1128 [2009]; Matter of Stabak v ISS Intl., 248 AD2d 814 , 814 [1998], lv dismissed and denied 92 NY2d 891 [1998]).

Rose, J.E, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

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