Legal Opinion
In re the Claim of Mooring
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2004PublishedCited by 2 opinions
1Opinion of the CourtCarpinello, J.
Appeal from a decision of the Workers’ Compensation Board, filed September 9, 2002, which ruled that claimant voluntarily withdrew from the labor market and denied her claim for workers’ compensation benefits.
Claimant injured her back in the course of her employment as a bartender in 1999 and was thereafter awarded workers’ compensation benefits. Subsequently, the employer and its workers’ compensation carrier controverted the claim, arguing that claimant’s refusal of the employer’s offer of light-duty work compelled a finding that she had voluntarily withdrawn from the labor market.…
2Cases cited4 opinions
- Claim of Baumgarten v. New York State Banking DepartmentAppellate Division of the Supreme Court of the State of New York · 2001
- Claim of Korczyk v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1999
- Claim of Testani v. Aramark ServicesAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Peluso v. Fairview Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by2 opinions
- Claim of Smith v. Waterview Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2004
- Mooring v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 2008