January 2020 New York Workers’ Compensation Law Reporter Highlights

Lack of PPD finding redners directive for labor market attachment as premature

Case name: Poulard v. Southside Hospital, 119 NYWCLR 207 (N.Y. App. Div., 2019)

Summary: The Appellate Division reversed the Full Board's order for the claimant to provide evidence of labor market attachment as the claimant had not been classified as permanently partially disabled.

 

Repeated omissions regarding work status support permanent disqualification

Case name: Shiseido Americas Corp.l, 119 NYWCLR 215 (N.Y. W.C.B. Full Board, 2019)

Summary: The Appellate Division reversed the Full Board's order fir the claimant to provide evidence of labor market attachment as the claimant had not been classified as perment partial disabled.

 

Absence of PPD determination nixes requirement that claimant search for work

Case name: Bowers v. New York City Transit Authority, 119 NYWCLR 208 (N.Y. App. Div., 2019)

Summary: The Appellate Division held that the Full Board's order for the claimant to demonstrate attachment to the labor market was incorrect. The WCLJ's decision was not based on the determination of the claimant's nature and degree of disability. The claimant will continue to receive awards at a tentative rate and rely on her doctor's expertise on the disability rate.

 

Lack of PPD finding redners directive for labor market attachment as premature

Case name: Poulard v. Southside Hospital, 119 NYWCLR 207 (N.Y. App. Div., 2019)

Summary: The Appellate Division reversed the Full Board's order fir the claimant to provide evidence of labor market attachment as the claimant had not been classified as perment partial disabled.

 

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