Schmidt v. Falls Dodge, Inc.

Ciparick, J. (dissenting).

Because I agree with the Workers’ Compensation Board (the Board) and the Appellate Division that a “schedule loss of use award” for a permanent partial disability is not linked to a particular time period, but rather is compensation for future loss of earnings without regard to present ability to work, and because I further believe that a schedule award should not be offset by a temporary disability award for present lost earnings, I respectfully dissent.

In Matter of Miller v North Syracuse Cent. School Dist. (1 AD3d 691 [3d Dept 2003]) the Appellate Division held…