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The claimant, injured while running electrical cables near the World Trade Center site beginning in September 2001, first sought medical treatment in April 2003 and continued working until March 2011. Following a workers' compensation claim, an arbitrator initially classified him with a permanent total disability and established the date of disablement as March 2011, entitling him to a weekly rate of $739.83. In January 2013, the arbitrator rescinded this decision, finding the date of disablement to be April 2003, reducing the weekly award to $400. The claimant appealed this decision. The Court affirmed the arbitrator's decision, applying the CPLR 7511 standard for reviewing arbitration awards, which limits judicial intervention to cases of corruption, fraud, misconduct, bias, or awards violating public policy, being irrational, or exceeding arbitrator's power. The Court found no irrationality in the arbitrator's selection of the date of first medical treatment as the date of disablement.
Matter of Diaz v. Kleinknecht Electric 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
The claimant, injured while running electrical cables near the World Trade Center site beginning in September 2001, first sought medical treatment in April 2003 and continued working until March 2011. Following a workers' compensation claim, an arbitrator initially classified him with a permanent total disability and established the date of disablement as March 2011, entitling him to a weekly rate of $739.83. In January 2013, the arbitrator rescinded this decision, finding the date of disablement to be April 2003, reducing the weekly award to $400. The claimant appealed this decision. The Court affirmed the arbitrator's decision, applying the CPLR 7511 standard for reviewing arbitration awards, which limits judicial intervention to cases of corruption, fraud, misconduct, bias, or awards violating public policy, being irrational, or exceeding arbitrator's power. The Court found no irrationality in the arbitrator's selection of the date of first medical treatment as the date of disablement.
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