Claim of Villalobos v. RNC Industries LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McCarthy, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed February 8, 2016, which ruled, among other things, that claimant sustained a 40% loss of wage-earning capacity.
In 2012, claimant, a laborer, fell from a ladder and sustained a compensable work-related injury to his head, neck and back. Claimant returned to work only briefly. Thereafter, a permanency hearing was held, at which the issue of attachment to the labor market was raised. In a decision filed February 12, 2015, a Workers’ Compensation Law Judge (hereinafter WCLJ) ruled, among other things, that claimant…
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