Our client was injured while at work, and the employer contested her case. Because the claim was “controverted,” the employer was required to file a pre-hearing conference statement. It did not do so, and the Board ruled that it had waived its defenses because it did not follow the Board’s rules.
The employer appealed, but we argued its appeal should be dismissed because it had not waited for the Board to finally decide the case. The Appellate Division, Third Department agreed with us, and dismissed the appeal as premature.