Claim of Smith v. Twa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
We affirm. “Whether a claimant’s withdrawal from the labor market is voluntary presents a factual issue to be determined by the Board, and we will affirm that determination if it is supported by substantial evidence” (Matter of Laing v Maryhaven Ctr. of Hope, 39 AD3d 1125, 1126 [2007], lv denied 9 NY3d 805 [2007] [citations omitted]; see Matter of German v Target Corp., 77 AD3d 1126, 1126 [2010]). Here, the medical experts opined that claimant was capable of returning to work with some restrictions and the Board so found. Claimant acknowledged that she had not worked since August 2001, she…
2Cases cited4 opinions
- Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
- Bobbitt v. Peter Charbonneau ConstructionAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Altagracia German v. Target Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Hester v. Homemakers Upstate GroupAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by1 opinion
- Matter of Walker v. Darcon Construction Co.Appellate Division of the Supreme Court of the State of New York · 2016