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Court Upholds Apportionment of 50% of Schedule Loss Award to Prior Non-Occupational Injury

By WorkCompCentral

Monday, September 18, 2017 | 225 | 0 | 0 min read

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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