A New York appellate court upheld a determination that a worker was not entitled to an extreme hardship redetermination.
Case: Matter of Mystkowski v. Monpat Construction Inc., No. CV-23-0872, 03/27/2025, published.
Facts and procedural history: Bogdan Mystkowski worked for Monpat Construction Inc. as a roofer. He established a workers’ compensation claim in 2011 for an injury to his back.
Monpat stipulated to a finding of permanent partial disability and an 81% loss of wage-earning capacity, with an award of indemnity benefits for a maximum of 450 weeks.
In 2021, before the exhausti...
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