Matter of Mt. Sinai Hospital, Employer
No. G1296690
New York Workers Compensation
November 20, 2017
Date
of Accident: 04/22/2015
Issue:
Voluntary removal: labor market attachment
District
Office: NYC
Carrier:
State Insurance Fund Carrier ID No.: W204002 Carrier Case
No.: FOJP-023228
Claimant's Attorney: Ugalde & Rzonca LLP
Panel:
Clarissa M. Rodriguez
MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF
DECISION
The
Full Board, at its meeting on October 17, 2017, considered
the above captioned case for Mandatory Full Board Review of
the Board Panel Memorandum of Decision filed January 23,
2017.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant was sufficiently attached to the labor market.
The
Workers' Compensation Law Judge (WCLJ) found the claimant
was attached to the labor market.
The
Board Panel majority affirmed the WCLJ.
The
dissenting Board member would find the claimant was not
attached to the labor market because she failed to
demonstrate active participation after her initial efforts of
enrolling in educational classes and training opportunities.
The
carrier filed an application for Mandatory Full Board Review
on February 14, 2017, arguing that claimant failed to
demonstrate active participation in the labor market and
failed to provide any documentary evidence of her efforts to
attach to the labor market.
The
claimant filed a rebuttal on March 16, 2017, arguing that she
was attached to the labor market.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
The
claimant had a work-related injury to the neck, back, left
shoulder and left knee that occurred on April 22, 2015, while
working as a nursing attendant.
At a
hearing held on April 13, 2016, the carrier raised the issue
of labor market...
