Claim of D'Errico v. New York City Department of Corrections

Garry, J. (dissenting).

We respectfully dissent. While fully recognizing that our review is significantly limited in scope, we nonetheless find that remittal is required. Contrary to the majority’s assertion, this finding is not in any manner related to the underlying merits of the Workers’ Compensation Board’s determination, which we clearly may not and do not reach, but rather on a narrow procedural ground wholly consistent with the legal authority cited by the majority.

We find that the Board panel failed to adequately consider and address the legal standard applied in its determination that…