Legal Opinion
Claim of VanWinkle v. Harden Furniture
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 2009PublishedCited by 4 opinions
1Opinion of the CourtCardona, P.J.
Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed May 4, 2007 and April 18, 2008, which ruled that claimant did not voluntarily withdraw from the labor market.
Claimant, a woodworker, sustained a work-related injury to her back in October 2004. She returned to work in January 2005 with the restriction that she not lift anything over 10 pounds. Claimant continued her employment under that restriction until the summer of 2005 when she requested a transfer to a less physically demanding office position. In August 2005, after being informed that such…
2Cases cited4 opinions
- Claim of Beehm v. Educational Opportunity CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Elwood v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Disarno v. Mattel/Fisher Price, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Claim of Grant v. Niagara Mohawk Power Co.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- Claim of Altagracia German v. Target Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Magerko v. Edwin B. Stimpson Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Claim of Fallon v. Syracuse City School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of O'Rourke v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2010