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Claimant, a former laborer and sanitation truck driver, sustained a back injury while working for the Town of Huntington in 2011. His workers' compensation claim was established, and he received temporary total disability benefits. A Workers' Compensation Law Judge classified him with a permanent partial disability and a 70% loss of wage-earning capacity. The Workers' Compensation Board panel modified this to a 40% loss, concluding he could perform sedentary work and was not attached to the labor market. On appeal, the Appellate Division found a lack of competent medical evidence to support the Board's finding regarding sedentary work, thereby reversing the 40% loss of wage-earning capacity and remitting for further proceedings. However, the court affirmed the Board's finding that the claimant was not attached to the labor market.
Matter of Pravato v. Town of Huntington 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, a former laborer and sanitation truck driver, sustained a back injury while working for the Town of Huntington in 2011. His workers' compensation claim was established, and he received temporary total disability benefits. A Workers' Compensation Law Judge classified him with a permanent partial disability and a 70% loss of wage-earning capacity. The Workers' Compensation Board panel modified this to a 40% loss, concluding he could perform sedentary work and was not attached to the labor market. On appeal, the Appellate Division found a lack of competent medical evidence to support the Board's finding regarding sedentary work, thereby reversing the 40% loss of wage-earning capacity and remitting for further proceedings. However, the court affirmed the Board's finding that the claimant was not attached to the labor market.
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