Legal Opinion

Claim of Brockington v. University of Rochester

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

Decided November 4, 1999PublishedCited by 4 opinions

1Opinion of the Court

—Mikoll, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 12, 1997, which ruled that claimant has a causally related partial disability which contributed to her reduced earnings and made an award of reduced earnings.

The employer and its workers’ compensation insurance carrier contend that the Workers’ Compensation Board erred in rejecting their argument that claimant was not entitled to a reduced earnings award because she had voluntarily withdrawn from the labor market in June 1995. Whether a claimant has voluntarily withdrawn from the labor market is a question of…

2Cases cited2 opinions

  1. Claim of Walker v. Fred H. Low & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Claim of Griffin v. Syracuse Rigging Co.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Capezzuti v. Glens Falls HospitalAppellate Division of the Supreme Court of the State of New York · 2001
  3. Frasch v. Lakeside Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  4. Shambo v. Orkin Pest ControlAppellate Division of the Supreme Court of the State of New York · 2004

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