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The appellate court reversed the lower court's decision and denied the petition to serve a late notice of claim against the school district, finding insufficient evidence that the district received timely notice of the injury within the statutory 90-day period.
The Dispute
A worker named Monfort was injured while employed by the Rockville Centre Union Free School District. To sue a school district in New York, workers must file a "notice of claim" within 90 days of their injury. Monfort missed this deadline and asked the court for permission to file the notice late. The worker argued that the school district had received timely notice of the injury through other means, which would excuse the late filing.
The Court's Decision
The appellate court ruled against Monfort and denied permission to file the late notice. The court found there wasn't enough evidence to prove the school district had received proper notice of the injury within the required 90-day window. Without this proof, Monfort couldn't proceed with the lawsuit against the district.
What This Means for Workers
This case highlights a critical deadline that workers must meet when injured while working for government employers like school districts. Missing the 90-day notice requirement can completely block a worker's ability to seek compensation, even if they have a valid injury claim. Workers employed by government entities should immediately report workplace injuries and consult with someone knowledgeable about these strict timing requirements to protect their rights.
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