The Third Judicial Department of the Appellate Division of the New York Supreme Court held that a permanently partially disabled claimant with limited education and work history may be deemed totally industrially disabled.
In Barsuk v. Joseph Barsuk, Inc., No. 96227, 12/29/2005, Joseph Barsuk's arm was injured to the point of near amputation when he fell into a scrap metal shearing machine. Barsuk applied for and received workers' compensation benefits, and alleged that he was totally industrially disabled.
His vocational expert testified that Barsuk's 90% loss of use of his right arm co...
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