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MATTER OF ALLEN v. SYLVANIA ELEC. CORP.

35 A.D.2d 680 (1970)

In the Matter of the Claim of Sarah Allen, Respondent, v. Sylvania Electric Corp. et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 29, 1970

The appellants erroneously contend that a refusal of suitable employment at the same or higher wages as before disablement automatically renders the continuing disability noncompensable. The issue raised by such a situation is whether or not there has been a voluntary withdrawal from the labor market. (See Matter of Davis v. Woolworth Co., 24 A.D.2d 817.) Upon the present record there were issues of fact as to whether or not the...

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