Legal Opinion

Claim of Konz v. Universal Joint Sales

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

Decided June 17, 1999PublishedCited by 2 opinions

1Opinion of the CourtCardona, P. J.

Appeal from a decision of the Workers’ Compensation Board, filed April 1, 1998, which ruled, inter alia, that claimant had not voluntarily withdrawn from the labor market.

The employer and its workers’ compensation insurance carrier contend that the Workers’ Compensation Board erred in concluding that claimant, who was partially disabled, had not voluntarily withdrawn from the labor market. According to the employer and carrier, the employer offered claimant a light-duty position which claimant refused. The question of whether a claimant’s failure to accept a light-duty assignment constitutes…

2Cases cited3 opinions

  1. Claim of Serwetnyk v. USAir, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Okonski v. Pollio Dairy Products Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Claim of Clark v. Binghamton Container Co.Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by2 opinions

  1. Frasch v. Lakeside Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  2. Claim of Hatter v. New Venture GearAppellate Division of the Supreme Court of the State of New York · 2003

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