A divided New York Appellate Court ruled that substantial evidence did not support a decision of the Workers’ Compensation Board to treat a worker who was capable of "less than sedentary" work as only partially disabled.
Case: Matter of Wohlfeil v. Sharel Ventures, No. 523523, 11/16/2017, published.
Facts: Melody Wohlfeil suffered injuries to her back, right hip, ribs and right knee after she fell at work in October 2007.
Wohlfeil underwent multiple back surgeries, including a L3-4 and L4-5 spinal fusion in December 2010, and fusions at L4-5 and L5-S1 in August 2012.
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