Matter of Brickner v. Medtronic, Inc.
Claimant Donna Brickner appealed a Workers' Compensation Board decision which ruled she did not sustain a permanent total disability following a 2019 work injury. Initially, a Workers' Compensation Law Judge found a 90% permanent partial disability based on a carrier's consultant's opinion that claimant was capable of sedentary work with restrictions. Brickner sought administrative review, arguing for a permanent total disability. The Board affirmed, citing insufficient credible medical evidence for total disability, relying on the treating physician's report and claimant's self-reported functional abilities indicating greater activity than a total disability. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the conclusion that claimant did not have a permanent total disability.