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MATTER OF ELSEY v. NEW YORK TEL. CO.

100 A.D.2d 654 (1984)

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

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

March 1, 1984

¶ Claimant suffered a back injury which kept him out of work from January 16, 1976 to May 8, 1978. He received workers' compensation for the period from January 16, 1976 to February 17, 1976. Claimant's physician certified that he was physically able to return to work on February 18, 1976, so long as he abstained from heavy lifting and stooping. However, claimant refused to return to his job and so was ultimately discharged...

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