MATTER OF CAMARDA v. NEW YORK TELEPHONE


262 A.D.2d 816 (1999)

693 N.Y.S.2d 638

In the Matter of the Claim of MARY CAMARDA, Appellant, v. NEW YORK TELEPHONE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 17, 1999.


Spain, J.

Claimant, who had not returned to work after injuring her back during the course of her employment in May 1995, accepted the employer's retirement incentive package and retired in September 1995. The Workers' Compensation Board concluded that, in doing so, claimant voluntarily withdrew from the labor market. Claimant contends that the Board erred by treating her retirement as an automatic disqualification.

Whether a claimant has voluntarily withdrawn...

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