In the Matter of Barsuk v. Joseph Barsuk, Inc.

24 A.D.3d 1118, 807 N.Y.S.2d 195 (2005)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership