Matter of Brasher v. Sam Dell's Dodge Corp.
David Brian Brasher appealed a Workers' Compensation Board decision denying his application for reconsideration and/or full Board review. The Board had previously affirmed a Workers' Compensation Law Judge's finding that Brasher had a 75% permanent partial disability but suspended awards due to his lack of attachment to the labor market. The Appellate Division's review was confined to whether the Board's denial of reconsideration was arbitrary, capricious, or an abuse of discretion. The claimant failed to present newly discovered evidence, a material change in condition, or demonstrate that the Board overlooked issues in its initial determination. The court found no arbitrary or capricious action, noting the claimant's argument for total disability contradicted his own physicians' findings of a 75% permanent partial disability.