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MATTER OF LAFLER v. CHAUTAUQUA SALES, INC.

286 A.D.2d 837 (2001)

730 N.Y.S.2d 581

In the Matter of the Claim of RICHARD LAFLER, Respondent, v. CHAUTAUQUA SALES, INC., Doing Business as DE MARCO TRUCKING, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided September 27, 2001.

Mugglin, J.

Claimant was injured in a work-related accident 17 months after his employer's policy of workers' compensation insurance expired. In response to the request of the worker's compensation carrier to be discharged from liability, the Uninsured Employers' Fund raised an issue regarding the carrier's compliance with the notice requirements of Workers' Compensation Law § 54 (5). The carrier submitted documentation which included a notice of intention not...

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