A New York appellate court ruled that the Workers’ Compensation Board properly determined that a permanently, partially disabled worker had failed to maintain his attachment to the labor market, but substantial evidence did not support the board’s assessment of his lost wage-earning capacity.
Case: Matter of Bloomingdale v. Reale Construction Co., No. 524528, 05/17/2018, published.
Facts and procedural history: Scott Bloomingdale injured his back in 1992 while working for the Micheli Corp. He later established his entitlement to nonschedule permanent partial disability benefits.
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