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MATTER OF COVINGTON v. NEW YORK CITY DEPT. OF CORR.

530815.

187 A.D.3d 1285 (2020)

129 N.Y.S.3d 863

2020 NY Slip Op 05276

In the Matter of the Claim of Simod Covington, Appellant, v. New York City Department of Corrections et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided October 1, 2020.

Claimant, a correction officer, sustained a work-related injury to his right elbow while restraining an inmate. Subsequently, a Workers' Compensation Law Judge (hereinafter WCLJ) ruled that claimant sustained a 22.5% schedule loss of use (hereinafter SLU) of the right elbow. In determining the SLU award, the WCLJ deducted a prior 10%...

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