Claim of Cullen v. City of White Plains
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed September 11, 2006, which ruled that claimant had a 50% schedule loss of use of his right leg.
Claimant injured his right knee in a work-related accident in 1996. This injury required immediate surgery as well as follow-up surgeries in 1997 and 2000. In 2001, both parties submitted medical reports concerning schedule loss of claimant’s right leg, with claimant’s physician estimating a 75% schedule loss and the employer’s physician finding a 20% schedule loss. Thereafter, the parties stipulated to a 35% schedule loss, which was…
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