Legal Opinion · Dissent

Matter of Deck v. Dorr

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

Decided May 25, 2017No. 523618Published

1DissentAarons, J.

Because I agree with the contention by claimant’s employer and its workers’ compensation carrier that claimant is not entitled to an additional 100% schedule loss of use (hereinafter SLU) award for his right thumb on top of the 100% SLU award already awarded to claimant for the loss of all four fingers on his right hand, I respectfully dissent.

In determining that claimant could receive a 100% SLU for his right hand based upon the amputation of his four fingers, plus another 100% SLU for his right thumb, the Workers’ Compensation Board, in its amended decision, found that claimant’s “injuries…

2Cases cited2 opinions

  1. Claim of Bazzano v. John Ryan & SonsAppellate Division of the Supreme Court of the State of New York · 1978
  2. Claim of Pellegrino v. Textile Prints Corp.Appellate Division of the Supreme Court of the State of New York · 1981

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