The Law Offices of Cass & Peters reversed a New York Workers’ Compensation Law Judge’s decision. The judge had denied a home health care worker’s claim for Workers’ Compensation Benefits.
On 5/28/15, the Full Board overturned this decision. The judge had ruled that the health aide’s knee injury was not work-related because she could not detail how she injured her knee. However, the Full Board decided that, under New York’s Workers’ Compensation Law, any injury occurring at work presumes to be work-related.
Consequently, the Board required the insurance company to prove that the injury was not work-related. As a result, the health care worker now receives full benefits under the Workers’ Compensation Law. These benefits include medical care from her chosen doctor and possibly compensation for permanent knee damage.
In another case, a 67-year-old bread delivery man with over 30 years of experience severely injured his right hand. He needed surgery and lost significant use of his hand. This loss prevented him from performing his job duties. Initially, an Administrative Law Judge denied further benefits. Later, a Panel of the Board Review Bureau upheld this denial.
We appealed to the Full Board. It reversed the earlier ruling. The Full Board decided that injured workers can present a vocational expert. This expert assesses employability by evaluating physical injuries, past work experience, education, and transferable skills for other types of work.
Thanks to The Law Offices of Cass & Peters, the Full Board recognized the injured worker as totally disabled. The worker is now entitled to lifetime workers’ compensation benefits.
Check out our YOUTUBE CHANNEL and stay up to date with helpful articles and news on our BLOG PAGE. In addition, we believe this decision stands for the principle that an injured worker has a right to produce a vocational expert on the issue of what is called their future earning capacity. Based upon this decision claimants will have a right not only to produce medical testimony to demonstrate what their earning capacity is but also vocational experts as well.
