Can a diabetic worker who stepped on a nail at work and then had to have his big toe amputated collect workers’ compensation?
The short answer: Maybe, if the evidence proves that the amputation was related to the work incident.
A New York appeals court overturned a lower court decision that denied the worker’s claim, finding that more proceedings were needed to determine if the nail incident was causally related to the amputated toe.
Stepped on a nail, leading to severely damaged tissue
Eddy Irizarry worked for Lopez Matos Construction. Irizarry also had a history of diabetes.
In February 2021, Irizarry was at a renovation site where he sustained injuries to his right foot and big toe after stepping on a nail.
Three days later, he went to a local hospital as the site of his injury worsened. He was diagnosed with “macerated necrotic malodorous tissue” in his foot and toe. The damaged tissue was removed and Irizarry underwent a course of antibiotics. However, the toe eventually had to be amputated.
Judge, board deny claim based on lack of evidence
Irizarry filed a workers’ compensation claim, which Lopez Matos Construction and its insurance carrier contested.
Following a series of hearings and independent medical examination, a workers’ compensation law judge denied the claim, finding that it wasn’t supported by the evidence.
The New York Workers’ Compensation Board affirmed the judge’s decision, focusing mainly on a procedural error Irizarry made in his filing. Irizarry appealed with New York’s Appellate Division, Third Department.
Appeals court: ‘Impossible to discern why claim was denied’
The appeals court reversed the judge’s decision and remanded the case back to the Workers’ Compensation Board for further proceedings.
“Although it may be inferred that the (judge) and the board did not credit claimant’s proof, it is impossible to discern whether the claim was denied because the board did not believe that a work-related accident actually occurred or … because the medical evidence adduced as to causal relationship was found to be … insufficient,” the appeals court said.
The decisions by both the judge and the board failed to include any findings of fact or conclusions of law, according to the appeals court.
Benefits hinge on connection between injury and amputation
Bottom line: whether or not Irizarry can collect workers’ compensation benefits on the loss of his big toe depends on whether the evidence connects the work injury to the need for an amputation.
If the board finds that there actually is sufficient medical evidence to show that the injury led to the amputation, then Irizarry would likely be able to collect benefits.