Legal Opinion
Claim of Balint v. NYS Department of Corrections
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2010PublishedCited by 5 opinions
1Opinion of the CourtGarry, J.
Appeal from a decision of the Workers’ Compensation Board, filed October 13, 2009, which ruled that claimant voluntarily withdrew from the labor market.
Claimant, a correction lieutenant, was found to have sustained work-related injuries when a chair in which he was sitting collapsed. He performed his regular duties for well over a year following the accident, but felt that he could no longer do his work properly, retired and sought postretirement benefits. The Workers’ Compensation Board ultimately determined that, while claimant had sustained a permanent partial disability, he had…
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