Barsuk v. Barsuk
Cases that cite this one
10 later published cases cite this decision.
- Claim of Newman v. Xerox Corp. (Appellate Division of the Supreme Court of New York 2008)
- Matter of Minichiello v. New York City Dept. of Homeless Servs. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Tenecela v. Vrapo Construction (Appellate Division of the Supreme Court of New York 2017)
- Matter of Walker v. Darcon Construction Co. (Appellate Division of the Supreme Court of New York 2016)
- Rose v. Roundpoint Construction (Appellate Division of the Supreme Court of New York 2015)
- Rose v. Roundpoint Construction (Appellate Division of the Supreme Court of New York 2015)
- Claim of Sacco v. Mast Advertising/Publishing (Appellate Division of the Supreme Court of New York 2010)
- Claim of Wooding v. Nestle USA, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Claim of Kucuk v. Hickey Freeman Co. (Appellate Division of the Supreme Court of New York 2010)
- Guan v. CPC Home Attendant Program, Inc. (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed November 17, 2003, which ruled that claimant’s work-related injury resulted in a 90% schedule loss of use of the right arm.
In 1997, claimant suffered a near amputation of his right arm when he fell into a scrap metal shearing machine on which he was performing maintenance. As a result of this accident, claimant applied for and received workers’ compensation benefits. In 2003, a Workers’ Compensation Law Judge rejected claimant’s position that he was totally industrially disabled, determined that he had a 90% schedule loss of use of the right arm and made a corresponding award. Upon administrative review, the Workers’ Compensation Board affirmed, prompting this appeal by claimant.
A claimant who has a permanent partial disability may nonetheless be classified as totally industrially disabled where the limitations imposed by the work-related disability, coupled with other factors, such as limited educational background and work history, render the claimant incapable of gainful employment (see Matter of Forte v City & Suburban, 292 AD2d 738, 739 [2002]; Matter of Utley v General Motors Corp., 285 AD2d 843,
Mercure, J.P., Peters, Mugglin and Kane, JJ., concur. Ordered that the decision is reversed, with costs, and matter remitted to the Workers’ Compensation Board for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.