Robert Newman suffered injuries to his neck, shoulder and back, while working at Xerox Corporation (and elsewhere). He stopped working in 1989, and was found to be "permanently partially disabled." In 2005, Newman claimed that he suffered from a "total industrial disability."
A person has a "total industrial disability" when that individual is incapable of "gainful employment" --- an issue which is decided by the New York State Workers' Compensation Board (WCB) .
When the WCB decided against him, Newman appealed to the Appellate Division, Third Department.
While Newman was restricted from manual labor (including bending, pushing, pulling, and lifting over 25 pounds), the AD1 was of the opinion that there were employment opportunities for an individual with Newman's background and affirmed the WCB 's determination.
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To download a copy of the Appellate Division decision, please use this link: Matter of Newman v. Xerox Corp.