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MTR. OF JIMINEZ v. WALDBAUMS

9 A.D.3d 99 (2004)

780 N.Y.S.2d 799

In the Matter of the Claim of ANGEL JIMINEZ, Appellant, v. WALDBAUMS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

July 1, 2004.

Attorney(s) appearing for the Case

Grey & Grey L.L.P., Farmingdale (Joan S. O'Brien of counsel), for appellant.

Foley, Smit, O'Boyle & Weisman, Hauppauge (Theresa E. Wolinski of counsel), for Waldbaums and another, respondents.

CARDONA, P.J., CREW III, PETERS and ROSE, JJ., concur.

OPINION OF THE COURT

MUGGLIN, J.

A Workers' Compensation Law Judge's decision that claimant sustained a permanent partial disability and that his subsequent retirement was caused or contributed to by this disability were affirmed by the Workers' Compensation Board. The Board determined, however, that claimant's loss of earnings subsequent to retirement were not attributable to factors connected to his work-related injury, but instead were caused by his failure...

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