A New York appellate court upheld a 45% schedule loss of use award for a worker’s knee injury.
Case: Matter of Wright v. Elmer W. Davis Inc., No. CV-23-0342, 10/03/2024, published.
Facts and procedural history: Tyler Wright worked for Elmer W. Davis Inc. He established a workers’ compensation claim for an injury to his right knee.
In January 2019, Wright underwent surgery on his knee. His surgeon reported that he was at maximum medical improvement as of June 2021 with a 45% schedule loss of use due to his range of motion deficits.
Dr. Martin Gingras examined Wright in Sept...
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