In the Matter of Everson

Jan 01, 2012

OUTCOME: The court held that vocational factors must be addressed in a LWEC decsion

The Everson case dealt with the Interpretation of the Section 15(3)(v) of the NYWCL which deals with determination of Loss of Wage Earning Capacity LWEC. Before the decision the Board was computing L ... WEC simply by comparing current earnings to pre-injury earnings without taking in to account vocational factors.