Claim of Hester v. Homemakers Upstate Group
In 2006, the claimant sustained compensable right hip and back injuries as a home health aide, resulting in a permanent partial disability. Initially, a Workers’ Compensation Law Judge found the claimant attached to the labor market, but the Workers’ Compensation Board subsequently reversed this determination, ruling that the claimant had voluntarily withdrawn. The court affirmed the Board's decision on appeal, emphasizing the claimant's obligation to demonstrate attachment to the labor market by actively seeking employment within medical restrictions after a permanent partial disability finding. The claimant admitted to not having searched for work since the injury and had no future plans to do so. The court concluded that substantial evidence supported the Board's finding of voluntary withdrawal from the labor market.