Name
Alley v. UPS
Insurance Company
Liberty Mutual Insurance
Date Decided
October 28, 2014
Panel Members
Glen Goodnough
Sue Jerome
Mike Stovall
Categories
NoticeTags
Pre-Existing Back Notice Mistake of Fact Scope of Appellate Review
File Size
236 KB
DownloadSummary from the Troubh Heisler Attorneys
The employee told his doctor about a gradual work aggravation of his pre-existing back condition, but he failed to tell UPS. H.O. Elwin found that the employee was not operating under a mistake of fact tolling the 90-day notice period, and that he therefore failed to give timely notice, barring his claim on that injury. The Appellate Division affirmed, citing its limited power of review: it can only ensure that:
(1) the factual findings are supported by competent evidence,
(2) the decision involves no misconception of applicable law, and
(3) that the hearing officer’s application of the law to the facts was neither arbitrary nor without rational foundation.