Court Says Claim Can't Be Time-Barred Without Date of Disablement

ALBANY, N.Y. - A New York appellate court has revived a former steamfitter's workplace exposure claim, ruling that because the Workers' Compensation Board never determined a date of disablement, it was improper to find the claim time-barred. Leary v. NYC Board of Education, et al., No. 501674 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

In a July 12 decision, the Third Judicial Department of New York's Supreme Court, Appellate Division, said that while the Board held that more than seven years had lapsed since John W. Leary's injury, it failed to set forth the date from which it was running …