A New York appellate court ruled that a worker was not entitled to a schedule loss of use award for an elbow injury after he had already received an SLU award for an impairment to his right arm from a prior injury.
Case: Matter of Kleban v. Central New York Psychiatric Center, No. 530422, 07/23/2020, published.
Facts and procedural history: Derek Kleban established a claim for workers' compensation benefits for an injury to his right shoulder in 2013. He received a 28.75% schedule loss of use for his right arm.
In 2017, Kleban sustained a work-related injury to his right elbow, and his&...
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