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Worker Fails to Prove Need for Redetermination of Extreme Hardship

Friday, April 4, 2025 | 0

A New York appellate court upheld a determination that a worker was not entitled to a redetermination of extreme hardship. Case: Matter of Ackerler v. Asplundh, No. CV-23-2356, 03/27/2025, published. Facts and procedural history: John Ackerler injured his back in 2012 while working for Asplundh. In 2014, his claim was expanded to include his depressive disorder, and he was classified with a permanent partial disability and an 82% loss of wage-earning capacity, entitling him to 450 weeks of indemnity benefits. In December 2022, before the exhaustion of his indemnity benefits, Acker...

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