Legal Opinion

Magerko v. Edwin B. Stimpson Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 2009PublishedCited by 4 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed July 29, 2008, which, among other things, ruled that claimant voluntarily withdrew from the labor market.

*1268Claimant has an established permanent partial disability due to a variety of ailments related to a 1990 work-related injury. In June 2003, claimant was laid off when his employer moved part of its operations out of state. Following hearings, a Workers’ Compensation Law Judge found that, among other things, claimant had not voluntarily withdrawn from the labor market following his layoff. Upon review, the Workers’…

2Cases cited7 opinions

  1. Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Claim of Gross v. BJ's Wholesale ClubAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Donovan v. Boces Rockland CountyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Claim of Benesch v. Utilities Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  5. Claim of Walby v. Volt Information ScienceAppellate Division of the Supreme Court of the State of New York · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Claim of Altagracia German v. Target Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Garifo v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Claim of Rosario v. AIGAppellate Division of the Supreme Court of the State of New York · 2012
  4. Claim of Rosario v. AIGAppellate Division of the Supreme Court of the State of New York · 2012

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