Claim of Scarpelli v. Bevco Trucking Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed August 31, 2001, which ruled that claimant had voluntarily withdrawn from the labor market.
Claimant sustained a work-related back injury in February 1999. Claimant, then 62 years old, returned to work on March 10, 1999, but retired the next day and subsequently began receiving social security retirement benefits. At a hearing before a Workers’ Compensation Law Judge (hereinafter WCLJ), claimant testified that he had planned to retire at age 65 and then seek part-time work to supplement his social security benefits. The employer…
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