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MATTER OF SCARPELLI v. BEVCO TRUCKING CORPORATION

305 A.D.2d 892 (2003)

758 N.Y.S.2d 856

In the Matter of the Claim of FRANK SCARPELLI, Appellant, v. BEVCO TRUCKING CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 22, 2003.

Rose, J.

Claimant sustained a work-related back injury in February 1999. Claimant, then 62 years old, returned to work on March 10, 1999, but retired the next day and subsequently began receiving social security retirement benefits. At a hearing before a Workers' Compensation Law Judge (hereinafter WCLJ), claimant testified that he had planned to retire at age 65 and then seek part-time work to supplement his social security benefits. The employer and its workers...

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