Does “Zamora” effect Permanent Partial Cases

The long awaited New York State Court of Appeals decision in the “Zamora” case has been issued and the Court of  Appeals’ decision supported by a 4 to 3 majority opinion holds that the Workers Compensation Board “may but is not required to presume” that a claimants’ reason for not working post a formal determination of permanency,  known as a finding of  “permanent partial disability”  ( PPD),   is caused by said causally related condition. This now permits challenge as to why individual claimants are not working. Case law permits presentation of evidence on this issue. All claimants should consider verification of their non working or limited working status and confirm causally related ( c/r ) medical bases and proof of valid work searches consistent with said workers’ compensation disabilities.

Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561

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