Ruling Didn't Stop Worker From Presenting Evidence of Surgery in Tort Suit

A New York appellate court upheld a jury's $5,837,591.36 award of damages in a worker's third-party tort action, saying the worker was not barred from presenting evidence about his back surgery even though the Workers' Compensation Board had not found the procedure to be medically necessary for his injuries. Case: Kowalsky v. County of Suffolk, No. 2015-00552, 05/18/2016, published. Facts: Jason Kowalsky suffered injuries in a car accident in June 2009. He filed a workers' compensation claim for his injuries. Kowalsky also sued the other driver, Raymond Rancourt, and Rancour...