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MATTER OF BEARDSLEY v. WALMART

510501.

82 A.D.3d 1479 (2011)

918 N.Y.S.2d 763

In the Matter of the Claim of LINDA BEARDSLEY, Claimant, v. WALMART, Respondent, and CAMBRIDGE INTEGRATED SERVICES, Also Known as XCHANGING, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.

GARRY, J.

Claimant sustained a work-related injury in 2002 that was ultimately found to constitute a permanent partial disability in 2009. As her injury predated the 2007 amendment to Workers' Compensation Law § 15 (3) (w), there is no "cap on the number of weeks for which . . . claimant can receive that subdivision's non-schedule permanent partial disability . . . benefits" (Matter of Proulx v Burnett Process, 77 A.D.3d 1036

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