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Carrier's Prior Defense to SLU Claim Doesn't Bar Request for Apportionment

Monday, July 13, 2020 | 175 | 0 | 7 min read

A New York appellate court ruled that a carrier’s successful defense against a claim for a schedule loss of use award did not bar the carrier from seeking apportionment after a second injury. Case: Matter of St. Aubin v. Office of Children & Family Services, No. 529135, 07/02/2020, published. Facts and procedural history: In November 2013, Roland St. Aubin filed a claim for workers' compensation benefits alleging that he had injured his right shoulder and arm while at work in October 2003. St. Aubin obtained opinions from two experts who opined he had a 55% schedule&...

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