A New York appellate court ruled that an employer was entitled to a credit for its payment of a schedule loss-of-use award before it stipulated that the claimant had a permanent disability.
Case: Matter of Sunukjian v. Price Chopper, No. 519786, 07/02/2015, published.
Facts: Thomas Sunukjian received an award of workers' compensation benefits for his bilateral carpal tunnel syndrome, and a consequential bilateral shoulder injury, in 2002. In 2004, he received a 42.82% schedule loss-of-use rating for each arm.
Sunukjian and his employer later agreed to have the award rescinded and to hav...
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