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The claimant was injured in March 2009 and subsequently stopped working. In 2010, the Workers’ Compensation Board determined that he had voluntarily removed himself from the labor market. After a period of employment in 2011, the claimant ceased working again due to his contract expiring and underwent neck and back surgeries in December 2011 and May 2012, respectively. Despite being found to have a moderate partial disability after surgery, the Board denied lost wage benefits after August 2011, concluding that the claimant failed to demonstrate attachment to the labor market and that his reduced earnings were not causally related to his disability. The appellate court affirmed the Board’s decision, noting that the claimant stopped working due to contract expiration, not disability, and made no subsequent attempts to find employment within his medical restrictions.
Matter of Aponte v. NBTY, Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The claimant was injured in March 2009 and subsequently stopped working. In 2010, the Workers’ Compensation Board determined that he had voluntarily removed himself from the labor market. After a period of employment in 2011, the claimant ceased working again due to his contract expiring and underwent neck and back surgeries in December 2011 and May 2012, respectively. Despite being found to have a moderate partial disability after surgery, the Board denied lost wage benefits after August 2011, concluding that the claimant failed to demonstrate attachment to the labor market and that his reduced earnings were not causally related to his disability. The appellate court affirmed the Board’s decision, noting that the claimant stopped working due to contract expiration, not disability, and made no subsequent attempts to find employment within his medical restrictions.
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