Matter of Wohlfeil v. Sharel Ventures, LLC

We respectfully dissent. Our review is limited to whether the Workers’ Compensation Board’s determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181 [1978]). Under that time-honored standard, because the evidence credited by the Board supports its finding that claimant had a permanent partial disability and a 75% loss of wage-earning capacity, the Board’s determination should not be disturbed.

Clifford Ameduri, claimant’s treating physician, stated in his written report that claimant had reached maximum medical…