MATTER OF CLAIM OF SATTANINO v. SANITARY DISTRICT NUMBER 6

506464

68 A.D.3d 1381 (2009)

2009 NY Slip Op 9336

890 N.Y.S.2d 220

In the Matter of the CLAIM OF DAVID SATTANINO, Respondent, v. SANITARY DISTRICT NUMBER 6 et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 17, 2009.


Cardona, P.J.

In 2003, claimant, a sanitation worker, injured both knees when he slipped and fell while performing his duties. The self-insured employer's third-party administrator did not dispute the ensuing claim for workers' compensation benefits, but did raise issues regarding schedule loss of use and apportionment. A Workers' Compensation Law Judge, among other things, apportioned the bulk of claimant's schedule loss of use in both knees to his preexisting arthritis...

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