In re Mt. Sinai Hospital, 112017 NYWC, G1296690

Docket Nº:G1296690
Case Date:November 20, 2017
Court:New York
 
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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...

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