Legal Opinion

Danussi v. Chateaugay A.S.A.C.T.C.

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

Decided November 6, 2008Published

1Opinion of the CourtCarpinello, J.

Appeal from a decision of the Workers’ Compensation Board, filed May 24, 2007, which ruled that claimant voluntarily withdrew from the labor market and denied his application for postretirement benefits.

Claimant, a correction officer, sustained a compensable injury to his lower back and right leg in August 2002 and filed a claim for benefits. Claimant returned to work without any medical restrictions and continued in that capacity until December 2005, when he decided to retire one month after attaining his 25th year of service. A hearing regarding claimant’s application for postretirement…

2Cases cited6 opinions

  1. Claim of Stagnitta v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Trank v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Claim of West v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Resto v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  5. Connell v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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