IN THE MATTER OF CLAIM OF PEPE v. CITY & SUBURBAN


29 A.D.3d 1184 (2006)

816 N.Y.S.2d 208

In the Matter of the Claim of DONALD PEPE, Appellant, v. CITY & SUBURBAN et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

May 18, 2006.


SPAIN, J.

In February 2002, claimant sustained a work-related back injury ultimately classified as a mild permanent partial disability and, in January 2003, he retired without returning to work. The Workers' Compensation Board found that claimant's disability contributed to his decision to retire, but denied him any postretirement award on the premise that after retiring he retained the ability to work to some degree but refused to cooperate with vocational rehabilitation...

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