Legal Opinion

Claim of LaCosse v. South Colonie Central School District

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

Decided January 17, 2008Published

1Opinion of the CourtPeters, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 5, 2006, which ruled that claimant did not voluntarily withdraw from the labor market.

In October 2001, claimant was injured in the course of his employment and a claim for a low back injury was established. His employment was terminated by the self-insured employer in November 2002 due to claimant’s “separation from service resulting from an occupational injury” for more than a year. In June 2004, claimant was determined to have a marked permanent partial disability as a result of the October 2001 injury. In a February…

2Cases cited4 opinions

  1. Claim of Jiminez v. WaldbaumsAppellate Division of the Supreme Court of the State of New York · 2004
  2. 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
  3. Price v. Hudson Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Torchiano v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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