In re Leisure Village Inc., 080919 NYWC, G1156727

Case DateAugust 09, 2019
CourtNew York
Matter of Leisure Village Inc., Employer
No. G1156727
New York Workers Compensation
August 9, 2019
          Date of Accident: 06/17/2015          Issue: Classification: evidence loss of wage earning capacity          District Office: Syracuse          Carrier: State Insurance Fund, Carrier ID No.: W204002, Carrier Case No.: 68022839           Claimant's Attorney: Patrick T. Fallon & Associates           Panel: Clarissa M. Rodriguez           MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION          The Full Board, at its meeting on July 16, 2019, considered the above captioned case for Mandatory Full Board Review of the Board Panel Memorandum of Decision filed January 11, 2019.          ISSUE          The issue presented for Mandatory Full Board review is claimant's loss of wage earning capacity (LWEC (loss of wage earning capacity)).          The Workers' Compensation Law Judge (WCLJ (Workers' Compensation Law Judge)) found that claimant has an 80% LWEC.          The unanimous Board Panel decision modified the WCLJ decision to find that claimant has a 70% LWEC.          The claimant filed an application for Full Board Review on February 11, 2019, arguing that the WCLJ decision finding an 80% LWEC should be affirmed based on claimant's "age, education, and experience."          The carrier filed a rebuttal on February 28, 2019, arguing that the decision of the unanimous Board Panel should be affirmed.          Pursuant to Workers' Compensation Law (WCL (Workers' Compensation Law)) § 23, Full Board Review is Mandatory in this matter because the Board Panel reduced the claimant's LWEC below the safety net threshold pursuant to WCL § 35(3).          Upon review, the Full Board votes to adopt the following findings and conclusions.          FACTS          This claim is established for injuries to the claimant's low back and left knee resulting from a work-related injury that happened on June 17, 2015. The claimant's average weekly wage was set at...

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