Claim of Peck v. James Square Nursing Home
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Appeal from a decision of the Workers’ Compensation Board, filed March 14, 2005, which, inter alia, rescinded awards pending claimant’s production of documentary proof of attachment to the labor market.
Claimant sustained a compensable injury to her right leg in 1992 and a consequential back injury thereafter. In a decision after a hearing in August 1995, a Workers’ Compensation Law Judge (hereinafter WCLJ) found claimant to have a permanent partial disability, and directed payment at the permanent rate of $114 per week. In July 2003 and January 2004, the employer’s workers’ compensation…
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