Legal Opinion

Schmidt v. Falls Dodge, Inc.

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

Decided November 25, 2009PublishedCited by 1 opinion

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed August 7, 2008, which ruled that claimant’s schedule loss of use award is not subject to claimant’s awards in other workers’ compensation cases.

In 2005, claimant filed three separate workers’ compensation claims and was awarded benefits on each occasion. He submitted a fourth claim for hearing loss in 2007. After a hearing, a Workers’ Compensation Law Judge (hereinafter WCLJ) established the claim for the occupational disease of binaural hearing loss and awarded claimant a 21.43% schedule loss of use, to be paid at $400 per week…

2Cases cited3 opinions

  1. LaCroix v. Syracuse Executive Air Service, Inc.New York Court of Appeals · 2007
  2. In re the Claim of Miller v. North Syracuse Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
  3. Lansberry v. Carbide/Graphite Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Schmidt v. Falls Dodge, Inc.New York Court of Appeals · 2012

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