MATTER OF WILLIS v. AUXILIARY SERVICES CORPORATION


256 A.D.2d 803 (1998)

681 N.Y.S.2d 652

In the Matter of PAMELA A. WILLIS, Appellant, v. AUXILIARY SERVICES CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 10, 1998.


Prior to sustaining a compensable back injury in September 1995, claimant was employed as a cook working the second shift from approximately 2:00 P.M. or 3:00 P.M. until 10:00 P.M. or 11:30 P.M. Thereafter, the employer offered claimant a cashier position from 5:30 P.M. to 1:30 A.M. or 2:30 A.M. consistent with her light-duty restrictions. Claimant testified that she normally would have taken the position but was unable to due to Child care problems resulting from her husband...

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