LOIS Prevents Hand SLU, Stops Slippery Slope

LOIS Associate Natalie Caron and Paralegal Andrew Minchella secured a victory in a New York Workers’ Compensation case related to permanency. The Claimant obtained an opinion from his treating physician finding 30% SLU to the left thumb and 15% SLU for a consequential left-hand injury. The only established site in this matter was the left thumb. In contrast, the IME assessed 25% for the left thumb only. The IME doctor credibly testified that the injury was limited to a ligament in the thumb and did not extend into the left hand. The IME doctor further stated on the record that no special considerations would apply. At trial, Attorney Caron argued that the Claimant was not entitled to both a thumb and a separate consequential left-hand SLU under the impairment guidelines. Attorney Caron also argued that the treating doctor’s explanation for determining a 15% consequential SLU for the hand under Section 2.4(C) (the Thumb Special Considerations) portion of the impairment guidelines was misinterpreted. The Law Judge agreed with Caron and found that (1) the consequential left-hand claim should be disallowed; (2) the Claimant’s request to find separate SLU awards for both the 30% thumb SLU and 15% consequential hand SLU was denied; and (3) the Claimant’s request to convert the thumb SLU into a hand SLU was denied. This resulted in implementation of the Carrier’s IME finding of 25% SLU for the left thumb only and resulted in no fresh money moving to the Claimant based on prior payments.