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Split Court Tosses Finding That Worker Hadn't Conducted Good-Faith Job Search

Tuesday, December 22, 2020 | 0

A divided New York appellate court ruled that the Workers’ Compensation Board erred in finding an injured construction laborer had not conducted a good-faith search for employment. Case: Matter of Policarpio v. Rally Restoration Corp., No. 530531, 12/10/2020, published. Facts and procedural history: Julio Policarpio suffered injuries to his back, neck, left ankle and left knee while working on a construction project. He secured an award of workers' compensation benefits at a temporary partial disability rate. Policarpio’s employer later raised the issue of labor market attac...

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