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IN THE MATTER OF RODRIGUEZ v. GREENFIELD DIE CASTING

503456.

2008 NY Slip Op 05994

IN THE MATTER OF THE CLAIM OF LINO RODRIGUEZ, Claimant, v. GREENFIELD DIE CASTING ET AL., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Jill Waldman, Special Funds Conservation Committee, Albany, for appellant.

Tromello, McDonnell & Kehoe, Melville (Kathleen M. Watson of counsel), for Greenfield Die Casting and another, respondents.

Before: Cardona, P.J., Spain, Carpinello, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

KAVANAGH, J.

In September 1998, claimant aggravated a prior back injury while at work. His employer filed a C-2 employer's report of injury of the accident with the Workers' Compensation Board in October 1998 and the employer's workers' compensation carrier filed a C-699 form in December 1998. More than seven years later, claimant filed a C-3 form (employee's claim for compensation), prompting the Board for the first time to index the...

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