Attorney Edward Guldi recently won a close decision this week in the Appellate Division of the New York State Supreme Court, Third Judicial Department – the second highest level appellate court in the state.
The decision could have an impact on how New York Courts evaluate a workers’ compensation claimant’s efforts to find work when they lack necessary resources.
About the Case
Mr. Guldi’s client was an undocumented construction worker who was injured on the job and was awarded benefits at a temporary partial disability rate. However, after his employer and its workers’ compensation carrier raised the issue of labor market attachment, those benefits were discontinued due to claimant’s failure to document his attachment to the labor market.
In New York, workers are entitled to workers’ comp benefits regardless of their immigration status.
Additionally, any worker who is found to be partially disabled or who is able to perform light-duty work is required to undertake reasonable efforts to conduct a work search. This search requires a person to in timely, diligently, and persistently look for a job they can perform, and provide substantial proof of job postings and applications, in addition to meeting other requirements.
While a work search can be tough for anyone, it can be an incredibly challenging for individuals who do not possess a valid Social Security number, speak proficient English, or have access to a computer and internet service.
This was the case for Mr. Guldi’s client, who was denied benefits on appeal because the Administrative Review Board overturned the judge and found that even though he tried, it wasn’t enough.
After his client’s benefits were discontinued, Mr. Guldi appealed the case to the next level. He was ultimately successful in securing a narrow 3-2 decision in which the Court overturned the Administrative Review Board and found that the efforts of Mr. Guldi’s client were sufficient in demonstrating labor market attachment.
Edward Guldi is an Attorney at The Perecman Firm, P.L.L.C., who focuses his practice on representing injured workers. A skilled advocate comfortable in the fast-paced settling of the Workers’ Compensation Board, Mr. Guild has handled thousands of workers’ compensation claims to resolution.