Legal Opinion

Walczyk v. Lewis Tree Service, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 24, 2015Published

1Opinion of the CourtLynch, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 14, 2014, which ruled that claimant was entitled to a schedule loss of use award payable in a lump sum.

Claimant, while employed as a tree service worker for the employer, filed a claim for a back injury in 2005 for which he was awarded compensation. It was ultimately determined in 2009 that he had a resulting permanent partial disability for which he thereafter received continuing disability benefits. Claimant also filed a claim in 2007 for work-related bilateral carpel tunnel syndrome, which was established as an oc*1365cupa…

2Cases cited4 opinions

  1. LaCroix v. Syracuse Executive Air Service, Inc.New York Court of Appeals · 2007
  2. Matter of Empara v. New Rochelle School DistrictAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Levitsky v. Garden Time, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Schmidt v. Falls Dodge, Inc.New York Court of Appeals · 2012

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