Legal Opinion

Claim of Jesco v. Norampac Manufacturing Co.

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

Decided December 24, 2014Published

1Opinion of the Court

McCarthy, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed April 2, 2013, which ruled, among other things, that claimant did not voluntarily withdraw from the labor market.

Claimant was injured in the course of his employment as a machine operator and was awarded workers’ compensation benefits for that injury. Effective December 5, 2011, claimant’s physician released him to light-duty work. On December 1, 2011, the employer directed claimant to report to its physician for an examination and to work for a light-duty assignment the following day, informing him that failure to…

2Cases cited5 opinions

  1. Claim of Torrance v. Loretto Rest Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2009
  2. Browne v. Medford MulticareAppellate Division of the Supreme Court of the State of New York · 2011
  3. Frasch v. Lakeside Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  4. Porter v. BridgeAppellate Division of the Supreme Court of the State of New York · 2009
  5. Shambo v. Orkin Pest ControlAppellate Division of the Supreme Court of the State of New York · 2004

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