Matter of Vicente (Finger Lakes DDSO)
Elliot Vicente, a claimant with a work-related permanent partial disability from 2007, sought reclassification to permanent total disability under Workers' Compensation Law § 35 (3) due to extreme hardship, as his indemnity benefits were nearing exhaustion. A Workers' Compensation Law Judge initially granted his application, which the Workers' Compensation Board affirmed. The employer and its carrier appealed, contending insufficient evidence, particularly regarding anticipated Social Security disability benefits. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial evidence supported the finding of extreme hardship based on the claimant's significant financial shortfall in meeting monthly obligations and his documented inability to secure new employment.