Jones Jones LLC is pleased to announce that Partner Rose Shamash recently secured a favorable decision before the New York State Workers’ Compensation Board.
In this case, Rose successfully argued for the law judge’s original decision that the claimant had a 30% schedule loss of use of the left arm to be overturned. Upon the announcement of the original finding, Rose and her team filed for an administrative review of the decision with the New York State Workers’ Compensation Board. Rosanna argued that the original decision was an error as neither medical opinion in this case were credible or in accordance with the Board’s Impairment Guidelines and the Board ruled in her favor.
With this appeal, Rose overturned approximately $65,000 in schedule loss of use awards. In the New York State Workers’ Compensation Board’s new findings, the claimant was found to have a 10% schedule loss of use of the left arm. The 10% disability in this finding exceeds the schedule loss of use as the claimant had already been paid for 31.2 weeks of benefits and therefore nothing moved to the claimant.
The success of this case hinged on Rose’s in-depth understanding of the Board’s Impairment Guidelines. While both doctors found the claimant to have a 30% schedule loss of use in the left arm, Rose understood what evidence and explanation is necessary to fully meet the Board’s Impairment Guidelines and helped showcase that the doctors’ testimonies were not credible, leading to the overturning of the original decision.
Congratulations Rose. If you have a case similar to this one and are in need of assistance, please connect with our appellate team today at clientservices@jonesjonesllc.com!
