Claim of Evans v. Jewish Home & Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J. P.
Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1999, which ruled that claimant voluntarily withdrew from the labor market.
Claimant sustained neck and back injuries in the course of his employment in March 1997. He returned to work shortly thereafter, but stopped working in May 1997. He remained on sick leave and vacation leave until he retired in August 1997, shortly before his 62nd birthday. There is medical evidence in the record that claimant received periodic treatment for the work-related injuries and that he was disabled by those injuries. The…
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