New York: Board’s Decision to Reduce WCLJ’s Loss of Wage-Earning Capacity was Justified

Substantial evidence supported the Board’s determination that claimant sustained a 65 percent loss of wage-earning capacity—instead of the 75 percent loss found by the WCLJ—where the Board acknowledged that claimant was unable to return to her job involving constant typing and writing, based upon her medical restrictions but, on the other hand, claimant had an Associate's degree in liberal arts and science, was proficient in the English language, had computer knowledge, and had extensive experience in office-based employment settings. Further, the Board's determination revealed that it weighed the credibility of the various medical providers in determining claimant's loss of wage-earning capacity.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Lesane v. City of New York Police Dept., 2017 N.Y. App. Div. LEXIS 6190 (Aug. 17, 2017)

See generally Larson’s Workers’ Compensation Law, § 130.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law