In the Matter of the Claim of Elliot Vicente
Claimant Elliot Vicente, who suffered a work-related accident in May 2007, was initially classified with a permanent partial disability. Nearing the exhaustion of his 475 weeks of indemnity benefits, he sought reclassification due to extreme hardship under Workers' Compensation Law § 35 (3). A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board reclassified him with a permanent total disability, finding he met the extreme hardship criteria. The employer and its carrier appealed, contending insufficient evidence regarding claimant's Social Security disability benefits. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding of extreme hardship given claimant's financial shortfall and inability to obtain new employment.