Claim of Burgos v. Citywide Central Insurance Program

We respectfully dissent. The Workers’ Compensation Board credited the medical testimony of claimant’s treating physician assigning a severity rating J to claimant’s lumbar injury, the highest possible rating under the 2012 New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity. The Board further determined that “claimant was capable of less than sedentary work,” defined in the Board’s “Doctor’s Report of MMI/Permanent Impairment” form C-4.3 as “unable to meet the requirements of [s]edentary [w]ork.” Sedentary work is, in turn, defined as work that…