Legal Opinion

York-Gunning v. St. John's Hospital

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

Decided February 10, 2011PublishedCited by 1 opinion

1Opinion of the CourtCardona, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed August 20, 2008, which ruled that claimant did not voluntarily withdraw from the labor market.

Claimant, an emergency medical technician, suffered a compensable injury to her left hand in 2003. She returned to work shortly thereafter, but stopped working in 2005 and was found to suffer from carpal tunnel syndrome that was causally linked to her hand injury. As claimant remained capable of working in some capacity, the employer and its workers’ compensation carrier argued that she had voluntarily removed herself from the labor…

2Cases cited2 opinions

  1. Claim of Altagracia German v. Target Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Garifo v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Matter of Profeta v. Edward J. Bosti Elementary Sch., Connetquot Cent. Sch. Dist. of IslipAppellate Division of the Supreme Court of the State of New York · 2020

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