Matter of Kelsey v. Dean Transp.

Summary

The Appellate Division, Third Department affirmed a Workers' Compensation Board decision awarding Jeffery Kelsey temporary total disability benefits related to work-related hernias and consequential bowel obstruction. The court held that, absent a finding that Kelsey voluntarily withdrew from the labor market, he was not required to demonstrate labor-market attachment, and the Board's determination was supported by substantial evidence.

Holdings

1. Claimant was not required to establish attachment to the labor market because the Board made no finding that he voluntarily withdrew from the labor market, and its finding of overall total disability implicitly established that any withdrawal was involuntary.
2. The Board's determination that claimant was entitled to awards for the period at issue was supported by substantial evidence.

Questions Presented

1. Whether the Workers' Compensation Board could award claimant temporary total disability benefits without requiring proof of attachment to the labor market.
2. Whether substantial evidence supported the Board's finding that claimant was overall totally disabled as a result of his work-related injuries.
3. Whether the carrier's reliance on Matter of Bacci v Staten Is. Univ. Hosp. required denial of total disability benefits.

Disposition

affirmed