Claim of Hester v. Homemakers Upstate Group
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P. Appeal from a decision of the Workers’ Compensation Board, filed August 26, 2009, which ruled that claimant voluntarily withdrew from the labor market.
In 2006, claimant sustained compensable injuries to her right hip and back in the course of her work as a home health aide, and those injuries were eventually found to constitute a permanent partial disability. Thereafter, a Workers’ Compensation Law Judge conducted a hearing on the issue of whether claimant remained attached to the labor market and determined that she was. The Workers’ Compensation Board reversed, finding that…
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