Claim of Brockington v. University of Rochester
This case addresses an appeal from a Workers’ Compensation Board decision that granted a reduced earnings award to a claimant suffering from a causally related partial disability. The employer and its workers’ compensation insurance carrier contested the award, arguing that the claimant had voluntarily withdrawn from the labor market. However, the claimant testified that her inability to work stemmed from her deteriorating health, an explanation accepted by the Board. Medical evidence, including reports from her treating physician and an independent medical examination, corroborated her claims of 50% disability, chronic pain, and a preclusion from returning to work due to chronic lumbar strain. The Board's finding that the claimant did not voluntarily withdraw from the labor market was affirmed on appeal, as it was supported by substantial evidence.