Legal Opinion
Matter of Levitsky v. Garden Time, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 2015No. 518747PublishedCited by 11 opinions
1Opinion of the CourtClark, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 12, 2013, which ruled that claimant was entitled to a schedule loss of use award and that apportionment applied to that award.
Claimant suffered a work-related injury to his right shoulder while lifting a stove in November 2009 and was awarded workers’ compensation benefits. X rays and an MRI showed, among other things, a severe degenerative glenohumeral joint due to arthritis, and he had shoulder surgery in January 2011. At a hearing on the issues of schedule loss of use (hereinafter SLU) and apportionment at which claimant…
2Cases cited4 opinions
- Claim of Bruno v. Kelly Temp ServiceAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Hogan v. Hilltop Manor of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Wilcox v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Hroncich v. EdisonNew York Court of Appeals · 2013
3Cited by11 opinions
- Matter of Sanchez v. Sts SteelAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Cox v. Suburban Propane, LPAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Hughes v. Mid Hudson Psychiatric Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Bugianishvili v. Alliance Refrig. Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Diamond v. Warren County Sheriff's OfficeAppellate Division of the Supreme Court of the State of New York · 2022
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