MATTER OF CLAIM OF HARDY v. TRICO

508870, 510555.

81 A.D.3d 1047 (2011)

916 N.Y.S.2d 311

In the Matter of the Claim of HARVEY HARDY, Claimant, v. TRICO et al., Appellants, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent. (Claim No. 1.) In the Matter of the Claim of LARRY J. SALGY, Claimant, v. HALSTED COMMUNICATIONS et al., Appellants, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent. (Claim No. 2.)

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

Decided February 10, 2011.


Rose, J.

Claimants in the present cases sustained work-related injuries that were ultimately found to constitute permanent partial disabilities. As the injuries themselves occurred prior to a 2007 amendment to Workers' Compensation Law § 15 (3) (w), there is no "cap on the number of weeks for which ... claimant[s] can receive that subdivision's non-schedule permanent partial disability ... benefits" (Matter of Proulx...

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