MATTER OF HAGAN


109 A.D.2d 1039 (1985)

In the Matter of the Claim of John J. Hagan, Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

March 28, 1985


Yesawich, Jr., J.

Claimant had been employed as a dock worker for a private parcel delivery service until August 2, 1982, when he sustained a compensable back injury. After receiving workers' compensation benefits through 1983, claimant, in February 1984, resigned from his position, which still remained available to him, to accept a $42,000 lump sum severance payment because of a reorganization by the employer. This payment could be taken advantage of...

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