Claim of Beardsley v. Walmart

Claimant sustained a work-related injury in 2002 that was ultimately found to constitute a permanent partial disability in 2009. As her injury predated the 2007 amendment to Workers’ Compensation Law § 15 (3) (w), there is no “cap on the number of weeks for which . . . claimant can receive that subdivision’s non-schedule permanent partial disability . . . benefits” (Matter of Proulx v Burnett Process, 77 AD3d 1036, 1037 [2010]). As the award was made on or after July 1, 2007, Workers’ Compensation Law § 27 (2) requires that the employers’ workers’ compensation carrier pay the full amount of…