Claim of Johnson v. Onondaga Heating & Air Conditioning
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 21, 2001, which ruled that claimant did not voluntarily withdraw from the labor market.
In November 1996, while claimant was employed by Onondaga Heating & Air Conditioning (hereinafter the employer), he injured his back while lifting a garage door. Initially, claimant’s doctors considered him to be fully disabled yet, as his condition improved, he was authorized and did return to light duty in February 1997. By March 1997, however, he was laid off due to a lack of work. Kenneth Sweeney, one of the employer’s owners,…
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