Claim of Swanko v. Darlind Construction

Appeal from an amended decision of the Workers’ Compensation Board, filed November 7, 2011, which, among other things, ruled that apportionment pursuant to Workers’ Compensation Law § 44 is not applicable to claimant’s workers’ compensation award.

Claimant was employed for many years as a carpenter. Late in 2005, injuries to claimant’s hips, knees, shoulders and wrists caused him to stop working. He thereafter filed a claim for workers’ compensation benefits, asserting that repetitive trauma sustained in connection with his employment caused the disabling injuries. The employer and its…