Matter of DD 11th Avenue LLC, Employer
No. G1499003
New York Workers Compensation
February 3, 2020
Date
of Accident: 10/30/2015
Issue:
Classification: loss of wage earning capacity
District
Office: NYC
Carrier:
State Insurance Fund Carrier ID No.: W204002 Carrier Case
No.: 68346154
Panel:
Clarissa M. Rodriguez
MANDATORY
FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION
The
Full Board, at its meeting on January 14, 2020, considered
the above captioned case for Mandatory Full Board Review of
the Board Panel Memorandum of Decision filed August 22, 2019.
ISSUE
The
issue presented for Mandatory Full Board Review is
claimant's loss of wage-earning capacity (LWEC).
The
Workers' Compensation Law Judge (WCLJ) found that
claimant has a LWEC of 76%, directed continuing awards at
$318.57 per week, and approved a fee of $3,000.00 to the
claimant's attorney.
The
unanimous Board Panel found that the claimant has a 50% LWEC
entitling her to a maximum of 300 weeks of benefits and
directed continuing awards at a rate of $204.21 per week. The
fee to claimant's counsel was modified to $2,250.00.
The pro
se claimant filed an application for Full Board Review on
August 31, 2019, arguing that her medical condition has not
resolved and that she faces significant limitations with
respect to her medical condition and physical capabilities.
She requests that the finding of a 50% LWEC be rescinded and
that the Board Panel find her to be permanently totally
disabled.
The
carrier filed a timely rebuttal, arguing that the Board Panel
correctly found the claimant to have a permanent impairment
of the cervical spine of "A" severity, a lumbar
spine impairment of "B" severity, and a 50% LWEC.
Pursuant
to Workers' Compensation Law § 23, Full Board Review
is Mandatory because the Board Panel reduced the
claimant's LWEC below the safety net threshold pursuant
to Workers' Compensation Law (WCL) § 35(3).
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
This
claim is established for a work-related injury to the
claimant's back and amended to include a consequential
injury to the claimant's neck as a result of an accident
that occurred on October 30, 2015. The average weekly wage
was set as $612.63. Awards have been made to the claimant for
various periods of disability at differing rates.
In a
VDF-1 (Loss of Wage-Earning Capacity Vocational Data Form)
filed on July 12, 2017, the claimant indicated that she has a
college degree. She has received specialized training in
accounting with an internship from June through August of
2013. She has also attended Baruch College/CUNY School of
Business, receiving a bachelor's degree in business
administration...
