Claim of Baumgarten v. New York State Banking Department
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 28, 1999, which ruled that claimant voluntarily withdrew from the labor market and denied his claim for workers’ compensation benefits.
Claimant sustained a work-related injury to his back in November 1995. He sought continuing treatment from a chiropractor but did not consult a physician or lose time from work. Claimant became eligible to retire in April 1996 and did so in August 1996. The Workers’ Compensation Board concluded that claimant’s retirement constituted a voluntary withdrawal from the labor market, prompting…
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