Legal Opinion

Bobbitt v. Peter Charbonneau Construction

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

Decided June 9, 2011PublishedCited by 8 opinions

1Opinion of the CourtKavanagh, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 6, 2009, which ruled that claimant voluntarily withdrew from the labor market.

In 1998, claimant sustained injuries to his neck, shoulder and back in the course of his employment as a construction worker and was thereafter awarded workers’ compensation benefits. The parties agreed via stipulation that claimant was permanently partially disabled, but the employer’s workers’ compensation carrier later contended that claimant had voluntarily removed himself from the labor market and, as a result, his benefits should be…

2Cases cited5 opinions

  1. Claim of Peck v. James Square Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Laing v. Maryhaven Center of HopeAppellate Division of the Supreme Court of the State of New York · 2007
  3. Hare v. Champion InternationalAppellate Division of the Supreme Court of the State of New York · 2008
  4. Claim of Altagracia German v. Target Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Claim of Hester v. Homemakers Upstate GroupAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by8 opinions

  1. Matter of Pravato v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2016
  2. Claim of Smith v. TwaAppellate Division of the Supreme Court of the State of New York · 2011
  3. Claim of Rosario v. AIGAppellate Division of the Supreme Court of the State of New York · 2012
  4. Claim of Rosario v. AIGAppellate Division of the Supreme Court of the State of New York · 2012
  5. Claim of Winters v. Advance Auto PartsAppellate Division of the Supreme Court of the State of New York · 2014

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