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Court Faults Judge for Undertaking Independent Analysis of Worker's Physical Abilities

By WorkCompCentral

Monday, September 18, 2017 | 512 | 0 | 0 min read

A New York appellate court is ordering a workers’ compensation judge to reassess a permanently injured worker’s lost earning capacity, saying the judge erred in independently assessing the medical evidence to determine the worker’s exertional ability. Case: Matter of Golovashchenko v. Asar International Corp., No. 524464, 09/14/2017. Facts and procedural history: Leonid Golovashchenko emigrated from Ukraine to the United States in 1997. He began working as an asbestos handler for the Asar International Corp. In 2009, a piece of plywood fell on Golovashchenko while he ...

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