A New York appellate court overturned a denial of benefits to a diabetic worker for the loss of his toe after he stepped on a nail.
Case: Matter of Irizarry v. Lopez Matos Construction Inc., No. 535669, 02/01/2024, published.
Facts: Eddy Irizarry, a diabetic, injured his big toe after stepping on a nail at a renovation site in February 2021. Doctors amputated the toe.
Procedural history: A workers’ compensation law judge denied Irizarry’s claim for benefits, stating it was “not supported by [the] evidence."
The Workers' Compensation Board affirmed.
Ana...
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