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Case No. 2017 NY Slip Op 05650 [152 AD3d 921]
Regular Panel Decision
Jul 13, 2017

Matter of Buckner v. Buckner & Kourofsky, LLP

Claimant Raymond Buckner, who suffered multiple work-related injuries resulting in permanent total disability, appealed a decision by the Workers' Compensation Board. The Board affirmed a WCLJ's decision that reimbursement for home health care services provided by claimant's wife should be paid directly to her, rather than to the claimant. The Appellate Division, Third Department, found that the Board erroneously concluded this, citing prior case law that mandates payment of such reimbursement directly to the claimant. The Court explicitly stated that Matter of Perrin was misinterpreted by the Board and did not tacitly overrule prior decisions. Therefore, the Board's decision was reversed, and the matter was remitted for further proceedings consistent with the court's decision.

Home Health Care ReimbursementSpousal CarePermanent Total DisabilityWork-Related InjuriesWorkers' Compensation Board AppealErroneous ConclusionPrior Case LawPayment to ClaimantFamily Member ServicesWCLJ Decision
References
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