Court Upholds Denial of Worker's Request for Increase in SLU Award

A New York appellate court ruled that a worker was not entitled to an increase in his schedule loss of use award for a shoulder injury, given the authority of the Workers’ Compensation Board to resolve the conflicting medical evidence. Case: Matter of Napoli v. Edison, No. 524823, 02/07/2019, published. Facts and procedural history: John Napoli injured both shoulders in 2003 while operating a jackhammer at the World Trade Center site. He established a workers’ compensation claim and received an award for a 20% schedule loss of use of each shoulder in 2006. Napoli retired in 2011...