Legal Opinion
Claim of West v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 2006PublishedCited by 4 opinions
1Opinion of the CourtCarpinello, J.
Appeal from a decision of the Workers’ Compensation Board, filed February 11, 2005, which ruled that claimant voluntarily withdrew from the labor market and denied his application for postretirement benefits.
Claimant, a lineman employed by Niagara Mohawk for 31 years, sustained a compensable back injury in October 2000. He underwent back surgery in January 2001 and was released by his doctor to return to work without any medical restrictions in April 2001. He returned to full-duty work as a lineman and continued to work as such until December 2001, when he decided to retire. Although claimant…
2Cases cited5 opinions
- Claim of Yannucci v. Consolidated FreightwaysAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Stagnitta v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Price v. Hudson Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
- Claim of Trank v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Resto v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Claim of Hayes v. Nassau County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
- Connell v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Matter of Coll v. Cross Country Constr.Appellate Division of the Supreme Court of the State of New York · 2022
- Danussi v. Chateaugay A.S.A.C.T.C.Appellate Division of the Supreme Court of the State of New York · 2008