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Claimant, who sustained a work-related back injury in 2000 and was classified with a permanent partial disability in 2004, sought to reopen their case in 2007, alleging total disability. While a physician opined total disability, a Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board determined the claimant had a marked permanent partial disability. The Board's decision, filed September 2, 2008, remitted the matter to reconsider the average weekly wage. On appeal, the Appellate Division affirmed the Board's finding, emphasizing the Board's authority in resolving conflicting medical opinions from physicians like Edward Simmons, Jerry Tracy, Romanth Waghmarae, and Paul Lewis. The court also noted that the issue of average weekly wage was rendered moot by a subsequent stipulation and unappealed Board decision.
Claim of Visic v. O'Nero & Sons Construction Co. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant, who sustained a work-related back injury in 2000 and was classified with a permanent partial disability in 2004, sought to reopen their case in 2007, alleging total disability. While a physician opined total disability, a Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board determined the claimant had a marked permanent partial disability. The Board's decision, filed September 2, 2008, remitted the matter to reconsider the average weekly wage. On appeal, the Appellate Division affirmed the Board's finding, emphasizing the Board's authority in resolving conflicting medical opinions from physicians like Edward Simmons, Jerry Tracy, Romanth Waghmarae, and Paul Lewis. The court also noted that the issue of average weekly wage was rendered moot by a subsequent stipulation and unappealed Board decision.
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