Legal Opinion

Claim of Wooding v. Nestle USA, Inc.

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

Decided July 29, 2010PublishedCited by 7 opinions

1Opinion of the Court

Cardona, EJ.

Appeal from a decision of the Workers’ Compensation Board, filed April 10, 2009, which, among other things, ruled that claimant did not have a total industrial disability.

Claimant worked at a factory performing manual labor and, in 2003, suffered a compensable injury to his left arm. The Workers’ Compensation Board affirmed a decision of the Workers’ Compensation Law Judge finding that claimant had sustained a schedule loss of use to his arm but was not, as he claimed, totally industrially disabled. Claimant appeals and we affirm.

A claimant who suffers from a permanent partial…

2Cases cited4 opinions

  1. Claim of Sacco v. Mast Advertising/PublishingAppellate Division of the Supreme Court of the State of New York · 2010
  2. Barsuk v. BarsukAppellate Division of the Supreme Court of the State of New York · 2005
  3. Claim of Newman v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Guan v. CPC Home Attendant Program, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by7 opinions

  1. Matter of Roman v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
  2. Claim of Kucuk v. Hickey Freeman Co.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Walker v. Darcon Construction Co.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Minichiello v. New York City Dept. of Homeless Servs.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Brady v. Northeast Riggers & ErectorsAppellate Division of the Supreme Court of the State of New York · 2015

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