JOHNSON v. CITY OF NEW YORK

Nos. 29, 30.

38 N.Y.3d 431 (2022)

195 N.E.3d 1

174 N.Y.S.3d 294

2022 NY Slip Op 02579

In the Matter of the Claim of THOMAS JOHNSON, Appellant, v. CITY OF NEW YORK, Respondent. WORKERS' COMPENSATION BOARD, Respondent. In the Matter of the Claim of JOSEPH D. LIUNI, Appellant, v. GANDER MOUNTAIN et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided April 21, 2022.


Attorney(s) appearing for the Case

Grey & Grey, L.L.P., Farmingdale ( Robert E. Grey of counsel), for appellant in the first above-entitled proceeding.

Sylvia O. Hinds-Radix , Corporation Counsel of the City of New York, New York City ( Daniel Matza-Brown , Richard Dearing and Claude S. Platton of counsel), for City of New York, respondent in the first above-entitled proceeding.

Letitia James , Attorney General, Albany ( Brian D. Ginsberg , Patrick A. Woods , Barbara D. Underwood and Andrea Oser of counsel), for Workers' Compensation Board, respondent in the first above-entitled proceeding.

Bronk & Somers, P.C., Rochester ( Daniel A. Bronk of counsel), for Injured Workers' Bar Association, amicus curiae in the first above-entitled proceeding.

Colleran, O'Hara & Mills L.L.P., Woodbury ( Particia L. Boland of counsel), for New York State AFL-CIO, amicus curiae in the first above-entitled proceeding.

Kirk & Teff, LLP, Kingston ( Justin S. Teff of counsel), for appellant in the second above-entitled proceeding.

Walsh and Hacker, Albany ( Jeffrey M. Fox and Mariah W. Dolce of counsel), for Gander Mountain and others, respondents in the second above-entitled proceeding.

Letitia James , Attorney General, Albany ( Brian D. Ginsberg , Barbara D. Underwood and Andrea Oser of counsel), for New York State Workers' Compensation Board, respondent in the second above-entitled proceeding.


OPINION OF THE COURT

The common issue in these appeals is whether, under Workers' Compensation Law § 15, a claimant's schedule loss of use (SLU) award must always be reduced by the percentage loss determined for a prior SLU award to a different subpart of the same body "member" enumerated in section 15. We hold that...

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