Claimant had a few claims involving injuries to his appropriate leg: one for the abate and two for the knee. He accustomed assorted agenda accident of use awards for the appropriate leg over the years. In 2013, appellant afflicted his appropriate knee afresh and filed a third knee claim. Claimant’s alleviative physician opined a 40% agenda accident of use accolade for the appropriate leg based on the appropriate knee abrasion in that case. The Board awarded a 40% accident of use for the appropriate leg, but deducted the antecedent 20% and 12.5% agenda accident of use awards from the claimant’s added two claims, consistent in a net 7.5% added accident of use to the appropriate leg.
Claimant appealed to the Appellate Division, arguing that one of the antecedent accident of use awards was for a appropriate abate injury, abstracted from the appropriate knee complex with his accepted case. Based on this, appellant argued that alone the antecedent agenda accident of use awards attributable to appropriate knee injuries should be deducted from his 40% SLU attributable to the appropriate knee. The Court disagreed, advertence that, “Neither the statute nor the Board’s guidelines account the abate or the knee as anatomy genitalia lending themselves to abstracted SLU awards.” The Court articular that a agenda accident of use accolade for the leg is a agenda accident of use accolade for the leg behindhand of what accurate allotment of the leg is injured.
We accept the Court’s account that “Neither the statute nor the Board’s guidelines account the abate or knee as anatomy genitalia lending themselves to abstracted SLU awards” is incorrect because the agenda accident of use guidelines (all three versions) accommodate abstracted agenda accident of use calculations for injuries involving knees and feet. Abate injuries are about analyzed as bottom agenda accident of use awards rather than leg awards. As such, the Court’s account actuality seems to reflect a misreading of the Board’s agenda accident of use guidelines. Additionally, the Court’s accommodation appears inconsistent with the New York Court of Appeals captivation inZimmerman v. Akron Falls Park, 29 N.Y.2d 815 (1971). The Zimmerman decision, issued by New York’s accomplished Appellate Court, states that a appellant can accept assorted agenda accident of use awards for a limb accretion greater than 100% as continued as anniversary accolade involves abstracted abrasion sites which accept no appulse on anniversary other. The facts in that case complex a accident of use accolade to the larboard arm based on a accept injury, and a abstracted accident of use for a antecedent amputation to the larboard forearm. There appears to be no actual acumen amid these two cases.
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