A New York appellate court upheld a determination that a worker had no further disability related to a 2005 industrial accident based on a report by an independent medical examiner concluding that the worker was malingering.
Case: Matter of Kemraj v. Garelick Farms, No. 524271, 09/06/2018, published.
Facts and procedural history: Balram Kemraj injured his left shoulder in 2005 while working for Garelick Farms. He established a workers’ compensation claim for his injury and secured a determination that he a 45% schedule loss of use of his left arm.
The schedule loss of use wa...
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