Claim of Garifo v. Pathmark Stores, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed June 19, 2008, which, among other things, ruled that claimant voluntarily withdrew from the labor market.

Claimant sustained a work-related injury to his lower back in November 2001 and was awarded workers’ compensation benefits until his return to work in March 2002. In January 2006, claimant sought to reopen his case claiming that his condition had worsened and he was unable to work. By decision dated January 8, 2007, the Workers’ Compensation Law Judge (hereinafter WCLJ) ruled, among other things, that credible medical *1206testimon…