New York: No Combination of Awards for Nonschedule PPD and Schedule Loss of Use Allowed for Same Accident

An injured New York worker may not receive both a schedule loss of use award and a nonschedule permanent partial disability award for injuries arising out of the same work-related accident. Accordingly, where the state’s Workers’ Compensation Board determined a claimant suffered reflex sympathetic dystrophy/complex regional pain syndrome (RSD/CRPS) and ptosis of the right eyelid entitling claimant to a nonschedule permanent partial disability classification under N.Y. Work. Comp. Law § 15(3)(w), it was appropriate to reverse a WCJ’s finding that, inter alia, the claimant's vision loss from a work-related injury was amenable to a 100% schedule loss of use. 

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

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Matter of Tobin v Finger Lakes DDSO, 2018 N.Y. App. Div. LEXIS 4355 (3rd Dept. June 14, 2018)

See generally Larson’s Workers’ Compensation Law, § 87.05.

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