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Smart Summary

Factual and Procedural Background

In September 1987, Jefferson Utley Jr., a machine operator, sustained a compensable injury to his back and right knee after a fall at work. He received workers' compensation benefits until August 1988 and returned to light duty work. When light duty work ceased, he was classified as permanently partially disabled. In 1995, Utley requested reclassification as totally industrially disabled, effective from his last day of employment in September 1989. A hearing was held before a Workers' Compensation Law Judge, who granted the requested total disability classification, attributing 70% of the disability to the compensable injury and 30% to other physical conditions. The Workers' Compensation Board issued an amended decision ruling that the total industrial disability was not subject to apportionment. The employer, General Motors Corporation, appealed this decision.

Legal Issues Presented

  1. Whether a claimant with a permanent partial disability can be classified as totally industrially disabled based on medical limitations combined with other factors such as education and work history.
  2. Whether the total industrial disability sustained by the claimant is subject to apportionment between compensable injuries and other physical conditions.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Matter of Campbell v. AC Rochester Prods., Div. of Gen. Motors Corp., 268 A.D.2d 711, 711-712 Supports that a claimant with permanent partial disability may be classified as totally industrially disabled when medical limitations and other factors render salaried employment impossible. Used to affirm that total industrial disability classification is appropriate based on combined medical and vocational factors.
Matter of Spangenberg v. View Point Realty Corp., 178 A.D.2d 809, 809-810 Establishes that whether a claimant has sustained total industrial disability is a question of fact for the Board. Confirmed that the Board's factual finding on total disability is binding and supported by substantial evidence.
Matter of August v. Chromalloy R T, 240 A.D.2d 966, 967, lv dismissed 90 N.Y.2d 1007 Affirms that apportionment of a workers' compensation award is a factual issue for the Board to determine. Applied to uphold the Board's conclusion that apportionment was not warranted in this case.

Court's Reasoning and Analysis

The court recognized that a permanent partial disability claimant may be reclassified as totally industrially disabled if medical limitations combined with other factors make the claimant incapable of salaried employment. The Board's factual findings regarding claimant's physical limitations—such as restricted ability to bend, lift, stand, sit, or drive—and non-medical factors including age, education, work history, and pain management were supported by substantial evidence, specifically the rehabilitation counselor's testimony. Although the employer presented conflicting vocational testimony, the court deferred to the Board's resolution of this conflict as a factual determination.

Regarding apportionment, the court noted that while the claimant had other medical ailments, the Board found that the compensable injuries to the back and knee were the disabling factors preventing employment. Since apportionment is a factual issue for the Board, and substantial evidence supported the conclusion that apportionment was not appropriate, the court affirmed the Board's decision.

Holding and Implications

The amended decision of the Workers' Compensation Board is affirmed.

This decision upholds the Board's factual determinations on total industrial disability and the denial of apportionment, resulting in the claimant receiving full compensation for total disability attributable to his compensable injury. No new legal precedent was established, and the ruling directly affects the parties by confirming the Board's award without modification.

IN THE MATTER OF THE CLAIM OF JEFFERSON UTLEY JR., RESPONDENT, v. GENERAL MOTORS CORPORATION, APPELLANT. WORKERS' COMPENSATION BOARD, RESPONDENT.

MEMORANDUM AND ORDER

Crew III, J.

In September 1987 claimant, a machine operator, sustained a compensable injury to his back and right knee when he fell at his place of employment. Claimant received workers' compensation benefits until August 1988, at which time he returned to work in a light duty capacity. When light duty work no longer was available, claimant was classified as permanently partially disabled. Thereafter, in 1995, claimant requested that he be classified as totally industrially disabled, effective September 13, 1989, his last day of employment. A hearing before a Workers' Compensation Law Judge ensued, at the conclusion of which the requested classification was granted, with 70% of such disability attributed to the compensable injury sustained by claimant in September 1987 and the remaining 30% attributed to claimant's other physical impediments, including tendinitis of the right elbow and bilateral carpal tunnel syndrome. Ultimately, a panel of the Workers' Compensation Board rendered an amended decision finding, inter alia, that claimant's total industrial disability was not subject to apportionment. This appeal by the employer followed.

We affirm. A claimant who has a permanent partial disability may be classified as totally industrially disabled where the medical limitations imposed by the underlying disability, coupled with other factors, such as the claimant's educational background and work history, render the claimant incapable of salaried employment (see, Matter of Campbell v. AC Rochester Prods., Div. of Gen. Motors Corp., 268 A.D.2d 711, 711-712;Matter of Spangenberg v. View Point Realty Corp., 178 A.D.2d 809, 809-810). Whether a claimant indeed has sustained a total industrial disability is a question of fact for the Board to resolve (see, Matter of Spangenberg v. View Point Realty Corp., supra, at 810).

Here, the record reflects that the compensable injury that claimant suffered in September 1987 limited claimant's ability to bend, lift, stand or sit for any length of time or drive a motor vehicle. According to Julia Craner, the rehabilitation counselor who evaluated claimant on behalf of the Board, these physical limitations, coupled with claimant's age, educational background, employment history and his use of prescription medication to control his pain, reduced claimant's chances of locating gainful employment to "zero". Although the vocational rehabilitation counselor testifying on behalf of the employer expressed a contrary view, this presented a conflict in the testimony for the Board to resolve (see, Matter of August v. Chromalloy R T, 240 A.D.2d 966, 967, lv dismissed 90 N.Y.2d 1007). As the record as a whole contains substantial evidence to support the Board's decision in this regard, it will not be disturbed.

We reach a similar conclusion regarding the Board's finding that apportionment was not warranted. "[A]pportionment of a workers' compensation award presents a factual issue for the Board to determine" (id., at 967). Although the record reflects that claimant indeed suffered from ailments distinct from his compensable injuries, the record also reflects that it was the compensable injuries to claimant's back and right knee, not claimant's other medical problems, that rendered claimant incapable of working. Under such circumstances, we cannot say that the Board erred in concluding that the underlying disability was not subject to apportionment.

Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur.

ORDERED that the amended decision is affirmed, without costs.

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CLAIM OF UTLEY v. G.M.C
(Jul 19, 2001)