A New York appellate court upheld a determination that an elderly worker with cancer demonstrated extreme hardship that warranted reclassification.
Linda Epstein worked as a meat wrapper at Waldbaums for 44 years. She suffered an on-the-job injury in 2011.
In 2014, Epstein was classified with a permanent partial disability and found to have sustained an 81% loss of wage-earning capacity.
Before the exhaustion of her indemnity benefits, Epstein submitted an extreme hardship redetermination request.
Under New York law, if a partially disabled worker has a loss of wage-earning capac...
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