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Claimant, a sanitation worker, sustained a work-related back injury in 1996 and other injuries to his knees, foot, and shoulder over time. In 2010, after 32 years of service, the claimant retired, citing his various work-related injuries, and sought post-retirement benefits for the 1996 back injury. The Workers’ Compensation Board concluded that the claimant's retirement constituted a voluntary withdrawal from the labor market and was unrelated to the 1996 injury. The Appellate Division affirmed the Board's decision, finding substantial evidence in the record, including the claimant's own testimony and medical reports, that the 1996 injury was responsible for only a mild or moderate disability and that his retirement was prompted by knee problems rather than the back injury.
Matter of Hunter v. Town of Hempstead 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
Claimant, a sanitation worker, sustained a work-related back injury in 1996 and other injuries to his knees, foot, and shoulder over time. In 2010, after 32 years of service, the claimant retired, citing his various work-related injuries, and sought post-retirement benefits for the 1996 back injury. The Workers’ Compensation Board concluded that the claimant's retirement constituted a voluntary withdrawal from the labor market and was unrelated to the 1996 injury. The Appellate Division affirmed the Board's decision, finding substantial evidence in the record, including the claimant's own testimony and medical reports, that the 1996 injury was responsible for only a mild or moderate disability and that his retirement was prompted by knee problems rather than the back injury.
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