Lirian Paz v. H.P. Hood LLC
May 31, 2022
CategoriesCompensability Findings of Fact Legal Causation Compensability Findings of Fact Legal Causation
Summary from the Troubh Heisler Attorneys
Lirian Paz v. HP Hood (attached) - Ms. Paz gradually injured her arms working 12 years at Barber Foods and a year as a cleaner for Global Industrial Services. She then worked briefly at HP Hood handling empty milk bottles. Paz’s PCP diagnosed her with left lateral epicondylitis and right hand weakness. Paz reported the "cumulative motion" left elbow injury to Hood.
Paz filed petitions against Hood, Barber and Global, claiming bilateral arm injuries, and Hood filed an apportionment petition. Paz settled her claims against Barber and Global, but the apportionment petition remained pending. Dr. Mazzei's §312 IMEs found that she injured both arms at Barber and Global, and that she aggravated both arms working at Hood. Judge Collier adopted his opinions and awarded benefits accordingly, assigning 12.5% responsibility to Hood.
Hood appealed the finding regarding the right arm injury as unsupported by any evidence in the record. The Appellate Division vacated that aspect of the decision and remanded the case for further findings on when Paz’s right arm aggravation at Hood "manifested."