Frasch v. Lakeside Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Appeal from a decision of the Workers’ Compensation Board, filed September 11, 1998, which ruled that claimant did not voluntarily withdraw from the labor market.
On September 8, 1994, claimant, a resident of Florida employed as a staff nurse for a private hospital in New York, sustained a compensable injury to her left shoulder. She underwent surgery to repair a torn rotator cuff and was released by her physician for restricted duties in July 1995. In late September 1995, the employer offered claimant a part-time clerical position which she could perform within her medical…
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