Claim of Wesley Church v. Arrow Electronic, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Claimant injured his back in April 2003 while lifting boxes in a warehouse owned by the employer, underwent substantial back surgery in September 2003 and was awarded wage replacement benefits in December 2003. In December 2005, after surveillance and independent medical examinations of claimant, the workers’ compensation carrier sought to suspend payments to him on the ground that he had voluntarily removed himself from the labor market. In addition, outstanding issues included permanency and degree of disability. After hearings were held, a Workers’ Compensation Law Judge (hereinafter WCLJ)…
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