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Claimant Joseph Ferrari sustained a back injury in 2007 while working for Frito Lay, receiving workers' compensation benefits. A subsequent back injury in 2008 while employed by Canada Dry Bottling Company of New York led to a classification of permanent total disability in 2014. The Workers' Compensation Board reopened the case files to consider apportionment, ultimately precluding the opinion of orthopedist Salvatore Corso due to a violation of Workers' Compensation Law § 137 (1) and his failure to appear for a scheduled deposition. Relying on other medical evidence, the Board apportioned Ferrari's permanent total disability equally between the 2007 and 2008 injuries. Frito Lay appealed this decision, but the Appellate Division affirmed the Board's decision, finding it supported by substantial evidence regarding both the preclusion of Corso's reports and the apportionment itself.
Matter of Ferrari v. Frito Lay is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant Joseph Ferrari sustained a back injury in 2007 while working for Frito Lay, receiving workers' compensation benefits. A subsequent back injury in 2008 while employed by Canada Dry Bottling Company of New York led to a classification of permanent total disability in 2014. The Workers' Compensation Board reopened the case files to consider apportionment, ultimately precluding the opinion of orthopedist Salvatore Corso due to a violation of Workers' Compensation Law § 137 (1) and his failure to appear for a scheduled deposition. Relying on other medical evidence, the Board apportioned Ferrari's permanent total disability equally between the 2007 and 2008 injuries. Frito Lay appealed this decision, but the Appellate Division affirmed the Board's decision, finding it supported by substantial evidence regarding both the preclusion of Corso's reports and the apportionment itself.
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