In the Matter of Barsuk v. Joseph Barsuk, Inc.
New York Supreme Court, Appellate Division
24 A.D.3d 1118, 807 N.Y.S.2d 195 (2005)
Facts
The right arm of Joseph Barsuk (plaintiff) was nearly amputated when he fell into a scrap-metal shearing machine on which he was performing maintenance. Medical experts determined that Barsuk had a 90 percent loss of use of his right arm. A vocational rehabilitation expert testified that Barsuk was not a viable candidate for employment in any capacity due to the loss of use of the arm combined with Barsuk’s age, limited education, and difficulty focusing. A workers’-compensation-law judge rejected Barsuk’s claim that Barsuk was totally industrially disabled and awarded Barsuk benefits based on the 90 percent loss of the use of the right arm. The workers’-compensation board (board) affirmed, and Barsuk appealed.
Rule of Law
Issue
Holding and Reasoning (Rose, J.)
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