On Thursday, March 14, the 3rd Dept. released two new decisions that are important for New York workers’ compensation cases. Learn more below.
Deliso v. NYCTA, CV-22-2032 (3rd Dept. 3/14/24):
This decision affirmed Workers’ Compensation Law Section 114-a which provides discretionary penalties disqualifying future permanency benefits. In this case, the surveillance footage contradicted representations that the claimant made at his permanency evaluations. The claim was established for bilateral carpel tunnel syndrome and repetitive stress to both wrists and shoulders. The video showed the claimant gardening using both hands, carrying and lifting a bag of trash and a flowerpot. The claimant showed no signs of discomfort and was able to keep both hands and arms about his shoulders for at least 45 seconds.
Mina v. NYCTA CV-22-2040 (3rd Dept. 3/14/24):
In this case, failure to attend an IME in Manhattan for a claimant who lives in Livingston, NJ was not deemed to be excusable. The IME location was 22.3 miles from the claimant’s home, and the claimant was treated with a doctor in Brooklyn, 39 miles from his home. Therefore, the Board found that the claimant’s refusal to attend based on the distance from his residence was not a sufficient reason. Suspension of benefits for the period of time that the claimant refused to appear for the IME was warranted.
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