Worker's SLU Award Can't Be Apportioned to Prior Ankle Injury

A New York appellate court upheld a determination that a worker’s schedule loss of use for his ankle could not be apportioned between two injuries. Case: Matter of Diamond v. Warren County Sheriff's Office, No. No. 124,140, 06/23/2022, published. Facts: Robert Diamond Jr. worked as a building maintenance mechanic for the Warren County Sheriff's Office. He suffered injuries to his right ankle when he fell at work in February 2018. Diamond established a workers’ compensation claim for his injury. After his surgeon, Dr. Adam Suslak, opined that he had reached maximum medic...