Matter of Tenecela v. Vrapo Construction

Summary

The New York Appellate Division, Third Department, affirmed a Workers' Compensation Board decision classifying the claimant as permanently partially disabled with a 98% loss of wage-earning capacity. The court held that the claimant's argument for total industrial disability was unpreserved because it had not been raised before the Workers' Compensation Law Judge or the Board. The court also upheld the reduction of counsel fees from $4,000 to $450 because the required OC-400.1 form was illegible and deficient.

Holdings

1. The claim that claimant should have been classified as totally industrially disabled was unpreserved because claimant did not raise that issue before the Workers' Compensation Law Judge or the Workers' Compensation Board.
2. The Board properly reduced the counsel-fee award to $450 because the OC-400.1 form was not accurately completed and did not permit evaluation of the services rendered and time spent.

Questions Presented

1. Whether claimant's contention that he was totally industrially disabled was preserved for appellate review.
2. Whether the Workers' Compensation Board properly reduced the attorney-fee award because the required OC-400.1 form was deficient.
3. Whether the Board abused its discretion or acted arbitrarily and capriciously in limiting counsel fees to $450.

Disposition

affirmed