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FINDING THAT CLAIMANT WAS CAPABLE OF PERFORMING LIGHT WORK WAS NOT SUPPORTED BY THE EVIDENCE, MATTER REMITTED (THIRD DEPT).

The Third Department determined the evidence did not support the Workers’ Compensation Law Judge’s (WCLF’s) conclusion that the claimant was capable of performing light work. The matter was remitted:

… [N]one of the physicians who treated claimant’s physical injuries rated him as having the functional ability to perform light work. To the contrary, they rated him as being able to perform less than sedentary work or sedentary work … . The WCLJ, who was not a medical doctor, appears to have undertaken his own independent analysis of the medical evidence in concluding that claimant was capable of performing light work. Inasmuch as this was a significant factor that was considered in determining claimant’s loss of wage-earning capacity, the WCLJ’s finding that claimant sustained a 60% loss of wage-earning capacity, adopted by the Board, is not supported by substantial evidence in the record … . Accordingly, the matter must be remitted for further proceedings to ascertain claimant’s loss of wage-earning capacity in accordance with the 2012 Guidelines. Matter of Golovashchenko v Asar Intl. Corp., 2017 NY Slip Op 06500, Third Dept 9-14-17

WORKERS’ COMPENSATION LAW (FINDING THAT CLAIMANT WAS CAPABLE OF PERFORMING LIGHT WORK WAS NOT SUPPORTED BY THE EVIDENCE, MATTER REMITTED (THIRD DEPT))

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