MATTER OF MOLYNEUX v. NEW YORK TEL. CO.


101 A.D.2d 903 (1984)

In the Matter of the Claim of James M. Molyneux, Respondent, v. New York Telephone Company, Appellant. Workers' Compensation Board, Respondent

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

May 3, 1984


¶ The employer contends that the board erred in finding that claimant did not voluntarily withdraw from the labor market when he retired. Claimant, employed as a tester for nearly 35 years, testified that, following a work-related injury to his back, he experienced severe pain after sitting or standing in one position too long and that he could do no lifting. Both claimant's physician and the employer's physician agreed that claimant was permanently partially disabled...

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