Claim of Ramadhan v. Morgans Hotel Group Management, LLC
Opinion of the Court
The Board concluded that claimant did not qualify for total disability pursuant to Workers’ Compensation Law § 15 (1) because, even though he qualified for a 100% schedule loss of use of both eyes (see Workers’ Compensation Law § 15 [3] [p]), he still had some vision. Claimant, on the other hand, argues that he sustained the “loss of both eyes” as required for total disability, and he relies on a previous Board decision in which the claimant was determined to have a permanent total disability despite medical evidence indicating that the claimant still had some vision (see Max W. Fritzsch 1993 WL 360607 [WCB No. 9881 0026, Aug. 31, 1993]). We agree that the previous Board decision finds a total disability on facts that appear to be substantially similar to those in this case (see also Matter of Boyce v Michelangelo Gen. Contrs., 195 AD2d 768, 769 [1993]),
Mercure, A.P.J., Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is reversed, without 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.