DUNCAN v. NYS DEVELOPMENTAL


93 A.D.2d 242 (1983)

In the Matter of the Claim of Berthlyn Duncan, Appellant, v. New York State Developmental Center, Respondent. Workers' Compensation Board, Respondent

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

April 28, 1983


Attorney(s) appearing for the Case

Lowenberger & Gitter (Robert Bergman of counsel), for appellant.

Paul R. Kietzman (Robert J. Foody of counsel), for New York State Developmental Center, respondent.

MAHONEY, P. J., SWEENEY, KANE and CASEY, JJ., concur.


WEISS, J.

Following a work-related injury on February 2, 1976, the employer paid claimant full wages to September 23, 1976 and half pay until November 3, 1976, after which she was on unpaid sick leave until February 1, 1977. On February 1, claimant was terminated for absence in excess of one year. Although the compensation carrier's physician found claimant able to work on March 28, 1977, at which time compensation benefits were terminated, the Civil...

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