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MATTER OF BURY v. GREAT NECK UFSD

14 A.D.3d 786 (2005)

786 N.Y.S.2d 864

In the Matter of the Claim of FRANK BURY, Appellant, v. GREAT NECK UFSD, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

January 6, 2005.

Carpinello, J.

Claimant, an assistant head custodian, suffered a work-related back injury in May 1999. He returned to work after his injury, filed a claim for workers' compensation benefits and retired on July 14, 2000. When the employer raised the issue, among others, of claimant's voluntary retirement, the Worker's Compensation Law Judge ruled that claimant had not voluntarily left the labor market and he was entitled to receive workers' compensation benefits before...

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