Legal Opinion

Claim of Cicinnati v. Clare Rose, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 2010Published

1Opinion of the CourtKavanagh, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 10, 2008, which, among other things, ruled that claimant voluntarily withdrew from the labor market.

Claimant, a route salesperson for a beer distributor, injured his back in December 2004 and was awarded workers’ compensation benefits. On March 30, 2007, four days after his return from a period of lost time related to his compensable injury, claimant was terminated for insubordination arising out of an altercation that he had with a customer. Asserting that his. reduced earnings subsequent to his termination were caused…

2Cases cited7 opinions

  1. Dudlo v. PlasticsAppellate Division of the Supreme Court of the State of New York · 1986
  2. Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
  3. Claim of Sanchez v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Claim of Peng Kim v. Community Living Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Claim of Katsaris v. Lockheed Martin Federal SystemsAppellate Division of the Supreme Court of the State of New York · 2001

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