Claim of Bouyea v. McLane Northeast

Claimant suffered compensable injuries to his right shoulder and lower back on December 29, 2000 and March 4, 2002. Thereafter, on August 31, 2009, claimant was classified as permanently partially disabled. As his injuries predated the 2007 amendment to Workers’ Compensation Law § 15 (3) (w), there is no cap on the number of weeks for which he can receive non-schedule permanent partial disability benefits (see Matter of Proulx v Burnett Process, 77 AD3d 1036, 1037 [2010]). However, inasmuch as the award itself was made after July 1, 2007, the employer’s workers’ compensation carrier was…