MATTER OF KONZ v. UNIVERSAL JOINT SALES


262 A.D.2d 819 (1999)

692 N.Y.S.2d 240

In the Matter of the Claim of GEORGE KONZ, Respondent, v. UNIVERSAL JOINT SALES et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 17, 1999.


Cardona, P. J.

The employer and its workers' compensation insurance carrier contend that the Workers' Compensation Board erred in concluding that claimant, who was partially disabled, had not voluntarily withdrawn from the labor market. According to the employer and carrier, the employer offered claimant a light-duty position which claimant refused. The question of whether a claimant's failure to accept a light-duty assignment constitutes a voluntary withdrawal from...

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