IN THE MATTER OF WHITEMAN v. RICHMOR AVIATION, INC.
v.
RICHMOR AVIATION, INC., ET AL., Respondents.
WORKERS' COMPENSATION BOARD, Respondent.
Appellate Division of the Supreme Court of New York, Third Department.
Buckley, Mendleson, Criscione & Quinn, P.C., Albany (Brendan G. Quinn of counsel), for appellant.
Stockton, Barker & Mead, Albany (Mederic J. Ethier of counsel), for Richmor Aviation, Inc. and another, respondents.
Before: Mercure, J.P., Spain, Lahtinen, Kane and Malone Jr., JJ.
MEMORANDUM AND ORDER
LAHTINEN, J.
The current case arises from the same aircraft accident as in Matter of Hiser v. Richmor Aviation, Inc. (___ AD3d ___ [decided herewith]) and involves the identical issue. For the reasons set forth in Matter of Hiser, we reverse and remit to the Workers' Compensation Board for consideration of the merits of claimant's argument.
Mercure, J.P., Spain, Kane and Malone Jr., JJ., concur.
ORDERED that the decision is reversed, with costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.