Bury v. Great Neck UFSD
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*787Carpinello, J. Appeal from a decision of the Workers’ Compensation Board, filed May 4, 2004, which ruled that claimant voluntarily left the labor market and is not entitled to benefits after July 14, 2000.
Claimant, an assistant head custodian, suffered a work-related back injuiy in May 1999. He returned to work after his injury, filed a claim for workers’ compensation benefits and retired on July 14, 2000. When the employer raised the issue, among others, of claimant’s voluntary retirement, the Worker’s Compensation Law Judge ruled that claimant had not voluntarily left the labor market and…
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