From Casetext: Smarter Legal Research

Claim of Campbell v. AC Rochester Products

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2000
268 A.D.2d 711 (N.Y. App. Div. 2000)

Opinion

January 13, 2000

Appeal from a decision of the Workers' Compensation Board, filed February 4, 1998, which ruled that claimant did not have a total industrial disability and had no further causally related reduced earnings.

Rene F. Hensel, Rochester, for appellant.

Hamberger Weiss (Ronald E. Weiss of counsel), Rochester, for AC Rochester Products, Division of General Motors Corporation, respondent.

Before: MERCURE, J.P., PETERS, SPAIN, GRAFFEO AND MUGGLIN, JJ.


MEMORANDUM AND ORDER


As the result of a work-related injury to his right hand and a subsequent work-related injury to his low back and both arms, claimant stopped working as a machine operator in 1991. He received awards of workers' compensation benefits for those injuries and the cases were closed. The Workers' Compensation Board subsequently classified claimant as permanently partially disabled and restored the cases to the trial calendar for further development of the record. The Board ultimately ruled that claimant did not have a total industrial disability and had no further causally related reduced earnings. Claimant appeals.

A claimant who has a permanent partial medical disability may nevertheless have a total industrial disability where the medical limitations coupled with other factors, such as a limited vocational background, render the claimant totally incapable of remunerative work (see, Matter of Spangenberg v. View Point Realty Corp., 178 A.D.2d 809; Matter of Coluccio v. Aenco Inc., 147 A.D.2d 887). The issue of whether claimant has such a total industrial disability presented a question of fact for the Board to resolve (see, Matter of Spangenberg v. View Point Realty Corp., supra). The record contains evidence that, despite his disability, claimant retained a level of employability suitable for a variety of jobs available in his geographical area and which were consistent with his education, work history and transferable skills. Substantial evidence, therefore, supports the Board's finding that claimant does not have a total industrial disability (see, Matter of Gaff v. North Star Trucking, 242 A.D.2d 758, lv denied 91 N.Y.2d 803). Furthermore, claimant's testimony that he has not searched for any work and has not participated in vocational rehabilitation programs since January 1993 provides substantial evidence to support the Board's conclusion that claimant has no further causally related reduced earnings (compare, Matter of Griffin v. Syracuse Rigging Co., 259 A.D.2d 925; Matter of Willis v. Auxiliary Servs. Corp., 256 A.D.2d 803, with Matter of Oken v. Stanmor Liq. Co., 251 A.D.2d 719).

Mercure, J.P., Peters, Spain and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Claim of Campbell v. AC Rochester Products

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2000
268 A.D.2d 711 (N.Y. App. Div. 2000)
Case details for

Claim of Campbell v. AC Rochester Products

Case Details

Full title:In the MATTER OF THE CLAIM OF SOLOMON CAMPBELL, Appellant, v. AC ROCHESTER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 13, 2000

Citations

268 A.D.2d 711 (N.Y. App. Div. 2000)
701 N.Y.S.2d 500

Citing Cases

Newman v. Xerox Corp.

Claimant now appeals. "A claimant who has a permanent partial disability may nonetheless be classified as…

Sanchez v. Consolidated

While a partially disabled person need only seek employment within his or her medical restrictions, claimant…