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Claimant, a sheet metal installer, suffered a compensable back injury in August 2010. Initially, a Workers’ Compensation Law Judge found a 55% loss of wage-earning capacity. The Workers’ Compensation Board later modified this decision, increasing the loss of wage-earning capacity to 60% and reducing wage-earning capacity to 40%, by considering vocational factors in addition to medical impairment. The employer and its workers’ compensation carrier appealed this modification. The appellate court affirmed the Board’s decision, ruling that the Board was authorized to consider vocational factors when determining wage-earning capacity under Workers’ Compensation Law § 15 (5-a), and found substantial evidence to support the Board’s determination.
Matter of Sarbo v. Tri-Valley Plumbing & Heating 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 sheet metal installer, suffered a compensable back injury in August 2010. Initially, a Workers’ Compensation Law Judge found a 55% loss of wage-earning capacity. The Workers’ Compensation Board later modified this decision, increasing the loss of wage-earning capacity to 60% and reducing wage-earning capacity to 40%, by considering vocational factors in addition to medical impairment. The employer and its workers’ compensation carrier appealed this modification. The appellate court affirmed the Board’s decision, ruling that the Board was authorized to consider vocational factors when determining wage-earning capacity under Workers’ Compensation Law § 15 (5-a), and found substantial evidence to support the Board’s determination.
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