Legal Opinion
Claim of O'Rourke v. Consolidated Edison Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 14, 2010PublishedCited by 3 opinions
1Opinion of the Court
Spain, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed February 9, 2009, which ruled that claimant voluntarily removed himself from the labor market.
Claimant, a mechanic, sustained a work-related injury to his right knee in January 2006 and was awarded workers’ compensation benefits. Although claimant returned to work two days later, he had total right knee replacement surgery in May 2006 and returned to light duty work in July 2006. In September 2006, claimant was placed on permanent restriction from his position as a mechanic and the employer started him on a job…
2Cases cited7 opinions
- Claim of Beehm v. Educational Opportunity CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Sanchez v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Claim of Ilovar v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Stevenson v. Sunoco Flexible PackagingAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Matter of McKinney v. United States Roofing Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Claim of Hester v. Homemakers Upstate GroupAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Kelsey v. Dean Transp.Appellate Division of the Supreme Court of the State of New York · 2023