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Court Upholds Finding of 60% Loss of Wage-Earning Capacity for Assaulted Bus Driver

Tuesday, January 14, 2020 | 142 | 0 | 18 min read

A New York appellate court upheld a determination that a morbidly obese bus driver had suffered a 60% loss of wage-earning capacity from his injuries in an on-the-job assault. Case: In the Matter of the Claim of Rapaglia v. New York City Transit Authority, No. 528510, 01/09/2020, published. Facts: Robert G. Rapaglia worked for the New York City Transit Authority as a bus driver. He suffered injuries to his face and neck when he was assaulted while driving on Aug. 11, 2015. Rapaglia established entitlement to workers’ compensation benefits as well as his later diagnoses of po...

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