The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that an award of continuing disability payments should not be modified based on gaps in treatment.
In Kamrowski v. Vestal Nursing Center , No. 98576, 12/15/2005, Lori Kamrowski established a claim for bilateral carpal tunnel syndrome in 2002. Her orthopedic surgeon, Dr. Ellison, insisted that she was totally disabled and needed surgery.
Eventually, surgery was authorized and Kamrowski was also awarded continuing disability benefits. The employer appealed, arguing that Kamrowski did not submit t...
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