Injured Worker Retains Burden to Show Labor Market Attachment

A New York appellate court ruled that an injured worker was not relieved of his burden to show attachment to the labor market, and substantial evidence supported a finding that he had voluntarily removed himself from it. Case: Matter of Digbasanis v. Pelham Bay Donuts Inc., No. 535640, 02/15/2024, published. Facts and procedural history: Anthony Digbasanis fell in 2016 while working for Pelham Bay Donuts Inc. He established a claim for benefits for his injuries. In May 2019, Digbasanis was classified as having a permanent partial disability with a 70% loss of wage-earning capacity. Dig...