February 2020 New York Workers’ Compensation Law Reporter Highlights
Claimant secures 60% loss of wage-earning capacity for spine injury
Case name: Rapaglia v. New York City Transit Authority, 119 NYWCLR 243 (N.Y. App. Div., 2020)
Summary: The Appellate division supported the Board’s ruling that the claimant sustained a 60% loss of wage and that their obesity is not causally related to their physical or mental impairment
Claimant’s voluntary retirement justifies denial of reduced earnings award
Case name: Chenango Valley Central School District, 119 NYWCLR 247 (N.Y. W.C.B., Full Board, 2020)
Summary: The Full Board ruled that a teacher who’s injuries did not cause any missed time at her job from three years, was not the cause of her retirement and therefore, her disabilities were not the cause of her voluntary retirement.
Delay in treatment helps nix neck condition from accident claim
Case name: Community Services for Developmentally Disabled, 119 NYWCLR 248 (N.Y. W.C.B., Full Board 2020)
Summary: Upon review, the Full Board found that a claimant’s neck injury should not be amended to be included on their injury claim. The claimant makes no mention of the neck injury in treatment records until seven weeks after the original injury
Lack of nexus between disability, unsuccessful job search halts claim
Case name: Sachem Central School District at Holbrook, 119 NYWCLR 249 (N.Y. W.C.B., Full Board 2020)
Summary: A claimant must demonstrate that their failure to obtain employment is due to their casually related disability. The Full Board did not demonstrate nexus between her disability and her unsuccessful job search.
Prison employee establishes claim after inmate throw liquid in face
Case name: NYS Dept. of Corrections, 119 NYWCLR 251 (N.Y. W.C.B., Full Board 2020)
Summary: The Full Board held that the claimant, a corrections officer, sufficiently established a claim for PTSD and major depressive disorder after an inmate threw an unknown liquid substance that the claimant believed could include fecal matter.
New York Workers’ Compensation Law Reporter, February 27, 2020