Claim of Pepe v. City & Suburban
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 12, 2004, which, inter alia, ruled that claimant voluntarily withdrew from the labor market.
In February 2002, claimant sustained a work-related back injury ultimately classified as a mild permanent partial disability and, in January 2003, he retired without returning to work. The Workers’ Compensation Board found that claimant’s disability contributed to his decision to retire, but denied him any postretirement award on the premise that after retiring he retained the ability to work to some degree but refused to…
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