Legal Opinion

Claim of Schirizzo v. Citibank NA-Banking

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

Decided May 28, 2015Published

1Opinion of the CourtLynch, J.

Appeal from a decision of the Workers’ Compensation Board, filed June 26, 2013, which ruled, among other things, that claimant had involuntarily retired.

Claimant had worked for the employer as a bank teller for 22 years when she sustained a work-related injury to her back in 2009. She never returned to work and her claim for workers’ compensation benefits was established. Claimant retired in 2012 and was found to have a permanent impairment of 75%. Issues of attachment to the labor market and loss of wage earning capacity were raised and the Workers’ Compensation Board ultimately determined…

2Cases cited4 opinions

  1. Ballou v. Southworth-Milton, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Claim of Coyle v. Midwest SteelAppellate Division of the Supreme Court of the State of New York · 2011
  3. Griffin v. Town of DewittAppellate Division of the Supreme Court of the State of New York · 2012
  4. Claim of Funke v. Eastern Suffolk BOCESAppellate Division of the Supreme Court of the State of New York · 2011

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