New York: Injured Worker Need Not Always Show Attachment to Labor Market

Stressing that a New York claimant’s obligation to demonstrate attachment to the labor market was predicated upon a finding of PPD, a state appellate court held it was inappropriate for a WCLJ to require a showing of labor market attachment where the judge made no finding as to permanency. The court also noted that while there was a conflict in the medical evidence on the issue of permanent injury, nothing in the record indicated the judge had actually weighed the evidence and made a determination as to the nature and degree of claimant’s permanent disability. Absent such a finding, the issue of attachment to the labor market was premature.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Bowers v. New York City Tr. Auth., 2019 N.Y. App. Div. LEXIS 8801 (3d Dept. Dec. 5, 2019)

See generally Larson’s Workers’ Compensation Law, § 84.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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