Legal Opinion
Claim of Johnson v. New York State Office of Mental Retardation & Development
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2004PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed May 5, 2003, which ruled that claimant voluntarily left the labor market and is not entitled to benefits from February 25, 2002 forward.
Claimant suffered a work-related knee injury in 1994. Her workers’ compensation claim was later amended to include consequential injuries to her back and right shoulder. In 1998, claimant was injured in a motor vehicle accident, and did not return to work after the accident. Claimant retired in March 1999, shortly after turning 62 years old. At an August 1999 hearing, claimant testified that she…
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