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...