Congratulations to Melanie Wojcik and Glenaida Mercado on another outstanding result for our client.

We are proud to recognize Melanie Wojcik and Glenaida Mercado for securing a favorable New York Workers’ Compensation Board Panel decision in a complex Schedule Loss of Use (SLU) case involving cubital tunnel syndrome. The Board Panel unanimously affirmed the Workers’ Compensation Law Judge’s decision, preserving a significant defense victory.

The central issue on appeal was whether the claimant was entitled to a separate Schedule Loss of Use award for the right hand in addition to the right arm. Melanie and Glenaida successfully argued that the New York State Impairment Guidelines do not permit separate awards where the neurological deficits are present at the elbow and are not confined solely to the hand and fingers.

Their defense relied on a thorough understanding of the Impairment Guidelines, detailed medical testimony, and careful application of the medical evidence. The Board agreed that the claimant’s condition warranted a 19% Schedule Loss of Use of the right arm only, rejecting the claimant’s request for an additional hand award and affirming that the evidence did not support a separate Schedule Loss of Use for the hand.

This decision reinforces an important principle in workers’ compensation defense: successful outcomes often depend on a deep understanding of the medical evidence, the applicable Guidelines, and the ability to effectively apply both to the facts of the case.

Congratulations to Melanie and Glenaida on an outstanding appellate victory and for their continued dedication to achieving exceptional results for our clients.

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