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MATTER OF BROCKINGTON v. ROCHESTER

266 A.D.2d 595 (1999)

697 N.Y.S.2d 403

In the Matter of the Claim of GWEN BROCKINGTON, Respondent, v. UNIVERSITY OF ROCHESTER et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 4, 1999.

Mikoll, J.

The employer and its workers' compensation insurance carrier contend that the Workers' Compensation Board erred in rejecting their argument that claimant was not entitled to a reduced earnings award because she had voluntarily withdrawn from the labor market in June 1995. Whether a claimant has voluntarily withdrawn from the labor market is a question of fact for the Board to resolve and, if supported by substantial evidence in the record, the Board's resolution...

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