Board Errs in Apportioning Worker's SLU to Prior Injury

A New York appellate court ruled that the Workers' Compensation Board erred in apportioning a worker’s schedule loss of use award to a prior injury in the absence of medical evidence regarding the degree of disability. Case: Matter of Hughes v. Mid Hudson Psychiatric Center, No. 531160, 09/02/2021, published. Facts: In December 2016, Warren Hughes suffered an injury to his right knee while working for the Mid Hudson Psychiatric Center. He established his injury as compensable and then underwent knee surgery. His surgeon, Dr. David DiMarco, placed him at maximum medical improvement...