MATTER OF WOOTEN


54 A.D.2d 771 (1976)

In the Matter of the Claim of Benjamin Wooten, Respondent. New York Telephone Company, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

October 7, 1976


Claimant injured his right hand while off duty. On July 17 he reported to work, and upon complaining of the injury, was directed by his employer's medical department to see his own physician. Claimant saw a private physician, Dr. Ambinder, who directed him not to work for a few weeks. The employer, however, insisted that claimant perform restricted jobs not requiring use of the right hand, such as filing, pending full recovery. The board found that claimant was never told...

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