In Paccio v. Whiting Door Manufacturing, Supreme Court, Nassau County (Lally, J.), addresses, among other things, whether the plaintiff sustained an "acquired injury to the brain caused by an external physical force resulting in permanent total disability" as set forth in Workers' Compensation Law sec. 11. As you remember from Rubeis v. The Aqua Club, this particular injury must render the employee incapable of employment in any capacity; however, the injured plaintiff need not be unable to engage in the functions of daily living or be reduced to a vegetative state (see prior post)
The interesting point about this case is that the Court determined that an issue of fact existed as to whether the plaintiff's injuries qualified for this particular "grave injury," basing its conclusion on the plaintiff's expert affidavit regarding a physical examination that occurred a year before the affidavit's date. The expert had numerous gaps in her affidavit, failing to clarify whether certain impairments were present prior to the plaintiff's accident.
The accident, indeed, has a lot of gray areas to deal with. Also, the discrepancy in the date indicates that the medical reports can be fraudulent. But these are just presumptions. This case requires further investigation and insight from reputable physicians. Once everything is clarified and settled, the plaintiff will surely be provided with the compensation that he rightfully deserves.
Posted by: Allan Kenan | June 20, 2012 at 02:28 PM