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)
- Written by Jenny Perry, JD
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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