Legal Opinion

Claim of Elwood v. K-Mart Corp.

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

Decided December 20, 2001PublishedCited by 8 opinions

1Opinion of the CourtCrew Iii, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 24, 2000, which ruled that claimant did not voluntarily withdraw from the labor market.

In April 1992, claimant sustained a work-related injury to her lower back, which ultimately required surgical intervention in January 1996. Following her return to employment in August 1996, claimant worked as a telephone receptionist and as a cashier at a register. Claimant thereafter learned that the receptionist position would be eliminated at the end of the year and, as standing for prolonged periods of time at a register caused pain…

2Cases cited3 opinions

  1. Camarda v. New York TelephoneAppellate Division of the Supreme Court of the State of New York · 1999
  2. Claim of Beehm v. Educational Opportunity CenterAppellate Division of the Supreme Court of the State of New York · 2000
  3. Claim of Gregg v. RandazzoAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by8 opinions

  1. Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Lombardi v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of Curtis v. Dale Pipery Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Claim of De Simone v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Claim of Milby v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2003

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