A New York appellate court found substantial evidence supported an apportionment of 50% of a worker’s schedule loss of use award to her prior knee injury.
Case: Picone v. Putnam Hospital, No. 524052, 09/14/2017, published.
Facts and procedural history: Elizabeth Picone fell and injured her left knee in February 2011. A workers’ compensation judge found that the injury was compensable and that it left Picone with a 35% schedule loss of use of the left leg.
However, the judge determined that 50% of Picone’s disability was from a prior, non-occupational injury to the sa...
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