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Court of Appeals of New York


Matter of Schmidt, 76

In a case in which a worker applied for and received workers' compensation benefits at the maximum for hip and back injuries, and also received a schedule loss of use award for hearing loss that was made concurrently payable, the award for the hearing loss claim is reversed, where periodic payments of a schedule loss of use award must be deferred to the extent that those payments, when combined with payments of another disability award, would exceed the cap imposed by Workers' Compensation Law section 15(6).

Appellate Information

  • Decided 05/01/2012
  • Published 05/01/2012

Judges

  • Smith

Court

  • Court of Appeals of New York

Counsel

  • For Appellant:
  • John R. Gibbon, William E. Storrs

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