Claim of Testani v. Aramark Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P.J.
Appeal from a decision of the Workers’ Compensation Board, filed August 20, 2001, which ruled that claimant had voluntarily withdrawn from the labor market.
Claimant, a clerk at a university cafeteria, was injured when she slipped and fell at work. Claimant eventually stopped working due to her injuries, was found by her treating physician to be totally disabled and began receiving workers’ compensation benefits. After a physician retained by the employer’s workers’ compensation carrier opined that claimant was only partially disabled and capable of working with restrictions, the…
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