Vocational Factors Can Be Included in Lost Earning Capacity Analysis for PPD Worker

A New York appellate court ruled that vocational factors can be considered in calculating a permanently partially disabled worker's lost earning capacity. Case: Matter of Rosales v. Eugene J. Felice Landscaping, No. 519941, 11/03/2016, published. Facts and Procedural History: Luis Rosales suffered injuries in June 2010 while working as a landscaper. A workers' compensation law judge determined that these injuries left Rosales permanently partially disabled. Given his age, limited English skills, lack of formal education and job history, the judge determined that Rosales had 10% of ...