The successful use of the two-year statute of limitations under Workers’ Compensation Law Section 28 paved the way for Goldberg Segalla partner Diana H. Carlisle to secure victory for our client before the New York Workers’ Compensation Board Panel.

The underlying claim against the carrier arose from a January 6, 2022, workplace accident and was previously established for a head injury.

When the claimant later sought to expand the claim to include the neck and post-concussion syndrome — relying on a medical report dated November 28, 2023 — Diana raised WCL Section 28, arguing that the claims for the additional body sites were untimely because the supporting report was not filed with the Board until January 9, 2024, more than two years after the accident.

Although the Workers’ Compensation Law Judge initially rejected the timeliness defense and found prima facie medical evidence for the new sites, Diana — a Newark-based partner in the firm’s Workers’ Comp practice group — prevailed on administrative review.

The Board agreed that a medical report can only mark the filing of a claim if filed within the two-year window. Here, the report was filed on January 9, 2024; three days beyond the January 6, 2024 deadline. Accordingly, the Board modified the WCLJ’s decision, holding that the claims for the neck and post-concussion syndrome were “time-barred” under WCL Section 28, disallowing them, and closing those claims.

The WCB unanimously rejected the claimant’s application for Full Board Review, as well.

The successful outcome in the case underscores Diana’s careful attention to filing deadlines and her skillful advocacy in protecting clients from expanded liability.