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MATTER OF CONEYS v. NEW YORK CITY DEPARTMENT OF MENTAL HEALTH

299 A.D.2d 602 (2002)

750 N.Y.S.2d 180

In the Matter of the Claim of DOROTHY CONEYS, Appellant, v. NEW YORK CITY DEPARTMENT OF MENTAL HEALTH et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 7, 2002.

Mugglin, J.

Claimant, who was then 60 years of age, suffered a compensable injury when she fell at her place of employment in April 1992. On June 3, 1994, at age 62½, claimant accepted an early retirement incentive. A Workers' Compensation Law Judge determined that claimant did not voluntarily withdraw from the labor market, finding that her retirement was due to her injuries, and awarded benefits retroactive to claimant's date of retirement. The Workers' Compensation...

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