A New York appellate court ruled that a worker could receive a schedule loss of use award because he received a nonschedule permanent partial disability classification but no nonschedule award for those impairments arising out of the same work-related accident.
Case: Matter of Gambardella v. New York City Transit Authority, No. 533901, 04/14/2022, published.
Facts and procedural history: Vincent Gambardella worked for the New York City Transit Authority. He sustained various injuries in 2018 when he lost his balance while trying to lift an 80-pound seat.
A workers’ compensation law ju...
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