Butler v. Twin Rivers Paper
Sedgwick Claims Management Services
December 9, 2016
Incapacity Level Expressly Reserved
Summary from the Troubh Heisler Attorneys
Butler apparently injured himself at work and had earlier filed a Petition for Award, which former HO Greene apparently denied (the appellate decision lacks detail). Butler filed a Petition for Restoration, and Twin Rivers raised res judicata as a defense. Judge Jerome rejected that defense and granted the petition, and Twin Rivers appealed.
The Appellate Division panel sustained Judge Jerome's decision, noting that, in the initial decision denying benefits, HO Greene did not set Butler's level of incapacity but instead "expressly reserved" the issue, keeping it “open for future litigation.”