Claim of Crawford v. New York City Health & Hospital Corp.Claim of Crawford v. New York City Health & Hospital Corp.
—Appeal from a decision of the Workers’ Compensation Board, filed June 2, 1997, which ruled that claimant’s psychiatric condition was not barred under Workers’ Compensation Law § 28.
On August 5, 1987, claimant sustained injuries while working as a dietary aide as a result of being stuck in the finger with a used hypodermic needle. Following an award of workers’ compensation benefits to claimant based upon a finding that she sustained a scheduled loss of use of her left arm, the Workers’ Compensation Board closed the case in November 1988. Thereafter, in March 1993, claimant’s case was reopened to determine the existence of further causally related disability due to pain in her left hand which caused her to quit work. During the ensuing hearings when claimant asserted a claim for a consequential posttraumatic neurosis or “AIDS reaction phobia” resulting from the 1987 needle stick, the employer maintained that the two-year Statute of Limitations set forth in Workers’ Compensation Law § 28 barred any recovery for consequential psychiatric conditions. The Board ultimately rejected the employer’s assertion and affirmed the decision of the Workers’ Compensation Law Judge directing that the issue of claimant’s consequential psychiatric condition be addressed. The employer appeals.
We are unpersuaded by the employer’s argument on appeal that this Court shouldrevisit its decision in Matter of Palevsky v New York City Bd. of Educ. (
Cardona, P. J., Mikoll, Yesawich Jr., Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.