Construction worker fails to build convincing case that he is aggrieved
Farad Concrete Corp., 109 NYWCLR 126 (N.Y. W.C.B. Panel 2009).
Ruling: A New York Workers' Compensation Board panel held that a construction worker, who fell off a ladder at work and received a 20 percent schedule loss of use ofthe left leg and a 30 percent schedule loss of use of the right leg, was not aggrieved from the workers' compensation law judge's decision.
What it means: Where the WCLJ accepted the worker's doctor's opinions in rendering a schedule loss of use award, the worker is not aggrieved from the WCLJ's decision.
A board panel held a construction worker was not aggrieved on account of a WCLJ's decision based on the fact the worker did not receive the relief he desired and "didn't want to close" his case. The worker argued that he told his attorney he wanted the case to remain open, but the attorney answered that he had no choice. The worker contended that he was not fully recovered, and that he should continue to receive indemnity benefits. The attorney stated he zealously argued the worker's position, and the carrier accepted the worker's doctor's findings. The panel explained that although the worker was essentially seeking classification, the worker's doctor's opinions were considered and accepted in rendering the worker a schedule loss of use award, and that the worker was not aggrieved from the WCLJ decision.
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September 25, 2009
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