Claim of Prior v. Wegmans Food Markets, Inc.

Mercure, J. P.

Appeal from a decision of the Workers’ Compensation Board, filed December 24, 1996, which found that claimant did not voluntarily withdraw from the labor market and awarded workers’ compensation benefits.

When claimant was a high school student in 1991, he suffered a back injury which the parties concede was causally related to his part-time employment as a sales clerk. Claimant received workers’ compensation benefits based upon his actual weekly part-time earnings until his employer terminated benefits on the ground that he voluntarily withdrew from the labor market by enrolling…