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New York’s Workers’ Compensation Board inappropriately apportioned 60 percent a claimant’s disability to his non-disabling and undiagnosed multiple sclerosis, held a state appellate court. Stressing that there was no evidence that the condition had affected the claimant’s ability to perform the duties of his employment and observing that the condition had not even been diagnosed until after his industrial accident, the court said apportionment, as a matter of law, was inappropriate in the case.
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 Whitney v. Pregis Corp., 2019 N.Y. App. Div. LEXIS 6835 (3d Dept. Sept. 26, 2019)
See generally Larson’s Workers’ Compensation Law, § 90.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see