Legal Opinion
Claim of Winters v. Advance Auto Parts
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 2014Published
1Opinion of the CourtMcCarthy, J.
Appeals (1) from a decision of a panel of the Workers’ Compensation Board, filed January 3, 2012, which ruled that claimant voluntarily removed himself from the labor market and denied his claim for workers’ compensation benefits, and (2) from a decision of the full Board, filed January 10, 2013, which adhered to the Board panel’s decision.
Claimant injured his back while working for Advance Auto Parts, and thereafter worked intermittently both at Advance Auto and at a new employer, LKQ Broadway Used Auto Parts. After he was terminated from LKQ for absenteeism, claimant ceased working and…
2Cases cited6 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Zamora v. New York Neurologic AssociatesNew York Court of Appeals · 2012
- Claim of Peck v. James Square Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2006
- Bobbitt v. Peter Charbonneau ConstructionAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Hernandez v. Taco Bell, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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