MATTER OF YAMONACO v. UNION CARBIDE CORP.


42 A.D.2d 1014 (1973)

In the Matter of the Claim of Frank Yamonaco, Respondent, v. Union Carbide Corp. et al., Appellants. Workmen's Compensation Board, Respondent

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

October 18, 1973


On January 14, 1964 the claimant sustained a work-connected injury to his back but continued to work regularly for the employer at lighter tasks until September 1, 1970 when he retired on an early disability retirement after the entire department of the employer's operation in which he was then employed was shut down. The board found that claimant's retirement was not voluntary in that he "was retired by the employer because of his overall disabling condition" and that he...

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