In a recent decision filed this spring by the New York State Supreme Court, Appellate Division, Third Department, the Court affirmed a very important principle for New York State Workers’ Compensation claimants. Agreeing with the arguments made in the successful legal appeal filed by Erwin, McCane & Daly in the case of Levitsky v. Garden Time, Inc., 126 A.D.3d 1264 (3d Dep’t 2015), the Court reversed a decision of the Workers’ Compensation Board and held that Erwin, McCane & Daly’s client was entitled to an award for the full schedule loss of use for his permanent work-related right shoulder injury because there was no evidence that the claimant’s prior degenerative right shoulder condition was disabling in a compensation sense before the work injury.
The Court upheld prior precedent by finding that when a claimant is fully employed and able to effectively perform his duties despite condition before his work injury, and the work injury results in a permanent loss of use, his loss of use award is not to be apportioned to a prior, non-disabling degenerative condition. This Court decision will help New York State claimants successfully argue for the full benefits they deserve when a work injury causes a permanently disabling condition. To learn more about how an attorney can help you with your New York State Workers’ Compensation claim, contact a Workers’ Compensation attorney today. The attorneys at Erwin, McCane & Daly understand the qualifications required to successfully apply for Workers’ Compensation. Call us today at 518-449-2245 or contact us online to schedule your Free Consultation.