Matter of Aegis Communications Group Inc., Employer
No. 00739555
New York Workers Compensation
October 27, 2016
Date
of Accident: 08/30/2007
District
Office: NYC
Carrier:
American Home Assurance Co Carrier ID No.: W029003 Carrier
Case No.: 709533653
Issue:
Workers’ Compensation Law § 15(3)(v) additional
compensation
Claimant's Attorney: Howard A Kornfeld Law Offices
MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF
DECISION
Kenneth J. Munnelly
The
Full Board, at its meeting on September 20, 2016, considered
the above captioned case for Mandatory Full Board Review of
the Board Panel Memorandum of Decision filed April 1, 2016.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant is entitled to additional compensation pursuant
to Workers' Compensation Law (WCL) § 15(3)(v).
The
Workers' Compensation Law Judge (WCLJ) found claimant is
entitled to additional compensation pursuant to WCL §
15(3)(v).
The
Board Panel majority affirmed the WCLJ.
The
dissenting Board Panel member would find that the
claimant's request for additional compensation under WCL
§ 15(3)(v) is inadequate as the claimant (1) failed to
comply with a prior Board Panel direction to produce her
social security disability benefits application, and (2)
failed to demonstrate her participation in a Board approved
rehabilitation program as required by the statute.
In its
application for Mandatory Full Board Review filed April 25,
2016, the carrier contends that WCL § 15(3)(v) does not
apply because the claimant has not shown that the impairment
of her earning capacity is due solely to the compensable
injury. In the alternative, the carrier contends that the
case should be returned to the trial calendar to develop the
record on the proper rate of compensation.
In her
rebuttal filed May 19, 2016, the claimant argues that the
decision of the Board Panel majority should be affirmed.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
The
claim is established for injuries to the right shoulder and
the right elbow sustained on August 30, 2007. In a decision
filed on December 6, 2012, the claimant was awarded a 65%
schedule loss of use of the right arm, with a protracted
healing period of 49.6 weeks. This schedule loss of use award
"ran out" on June 30, 2012.
The...
