Fuller-Astarita v. ABA Transp. Holding Co.
| Decision Date | 31 October 2019 |
| Docket Number | 527924 |
| Parties | In the Matter of Joanne FULLER–ASTARITA, Appellant, v. ABA TRANSPORTATION HOLDING COMPANY, Respondent. Workers' Compensation Board Respondent. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 1530
112 N.Y.S.3d 812
In the Matter of Joanne FULLER–ASTARITA, Appellant,
v.
ABA TRANSPORTATION HOLDING COMPANY, Respondent.
Workers' Compensation Board Respondent.
527924
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: September 3, 2019
Decided and Entered: October 31, 2019
Sullivan Papain Block McGrath & Cannavo PC, New York City (Brian J. Shoot of counsel), for appellant.
Stewart, Greenblatt, Manning & Baez, Syosset (Thomas A. Lumpkin of counsel), for ABA Transportation Holding Company, respondent.
Letitia James, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.
Before: Egan Jr., J.P., Lynch, Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDER
Egan Jr., J.P.
Appeal from a decision of the Workers' Compensation Board, filed April 16, 2018, which ruled, among other things, that Joanne Fuller–Astarita failed to comply with 12 NYCRR 300.13(b) and denied review of a decision by the Workers' Compensation Law Judge.
On July 5, 2016, Joanne Fuller–Astarita, a bus driver's assistant, was walking near Railroad Avenue in the Town of Huntington, Suffolk County when she was hit by a bus owned
by her employer, sustaining injuries to her back, pelvis and abdomen. Although Fuller–Astarita did not file a claim for workers' compensation benefits regarding this incident, her employer did and, by decision filed July 11, 2017, a Workers' Compensation Law Judge (hereinafter WCLJ) determined that she had, in fact, sustained work-related injuries to her back, pelvis and abdomen,1 prompting her counsel to submit an RB–89 application for review by the Workers' Compensation Board. In response to question 12 on the application regarding the "Basis of Appeal," however, Fuller–Astarita's counsel wrote, "Please see attached legal brief." Thereafter, by decision filed April 16,...
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