MATTER OF CLAIM OF GENNES v. LONGWOOD CENTRAL SCHOOL DISTRICT


2 A.D.3d 1015 (2003)

768 N.Y.S.2d 411

In the Matter of the Claim of DOROTHY GENNES, Appellant, v. LONGWOOD CENTRAL SCHOOL DISTRICT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 11, 2003.


Mugglin, J.

Claimant sustained an injury to her back while working as an elementary school teacher in February 1999 and was awarded workers' compensation benefits. In January 1999, approximately one month prior to her injury, claimant had sent a letter to the employer stating, "I wish to retire from the Longwood Central School District effective 07/08/99, which is the date of my fifty fifth birthday, in order to receive the retirement incentive of 45% of base wages...

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