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MATTER OF BOUYEA v. NORTHEAST

510499.

82 A.D.3d 1441 (2011)

918 N.Y.S.2d 746

In the Matter of the Claim of WAYNE BOUYEA, Claimant, v. McLANE NORTHEAST, Respondent, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA c/o CHARTIS CLAIMS, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 17, 2011.

EGAN Jr., J.

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...

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