Court Upholds Apportionment of Schedule Loss of Use to Prior Non-Work Injury

A New York appellate court ruled that a worker’s schedule loss of use for a knee injury could be apportioned to a prior non-work injury to the same knee. Case: Sanchez v. STS Steel, No. 524014, 10/05/2017, published. Facts: Moises Sanchez underwent right knee surgery in August 2005 to repair a non-work-related lateral meniscus tear. He wound up having a second knee surgery after injuring his right knee in the course of employment as a steelworker in February 2007. Procedural history: A workers’ compensation law judge found that the 2007 knee injury was compensable and ...