Matter of Deck v. Dorr
This is a dissenting opinion concerning a Workers' Compensation Board's amended decision regarding a schedule loss of use (SLU) award. The claimant had already received a 100% SLU award for the loss of four fingers on their right hand and was granted an additional 100% SLU for their right thumb. The dissenting judge, Aarons, J., argues that there was a lack of substantial medical evidence to support the additional award for the thumb, as the claimant's surgeon did not explain how the thumb injury was separate and distinct from the injury to the other four fingers, which resulted from a single incident. The dissent highlights that the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity specify that the loss of all fingers at proximal phalanges equates to 100% loss of use of the hand. Based on this, the dissenting judge would have reversed the portion of the amended decision granting the additional SLU for the thumb, although the final order stated the amended decision was affirmed.