New York Court of Appeals

In the Matter of Michael F. Cerami, Respondent v. City of Rochester School District, Appellant, and Special Funds…

October 12, 199382 N.Y.2d 809

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Workers’ Compensation Board’s decision that the claimant was not mentally incompetent for purposes of the §115 tolling provision, holding that the Board’s determination was supported by substantial evidence and that the toll applies only to those with an overall inability to function in society.