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IN THE MATTER OF CLAIM OF WEST v. NIAGARA MOHAWK POWER CORPORATION

29 A.D.3d 1251 (2006)

816 N.Y.S.2d 221

In the Matter of the Claim of SAMUEL WEST, Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

May 25, 2006.

Carpinello, J.

Claimant, a lineman employed by Niagara Mohawk for 31 years, sustained a compensable back injury in October 2000. He underwent back surgery in January 2001 and was released by his doctor to return to work without any medical restrictions in April 2001. He returned to full-duty work as a lineman and continued to work as such until December 2001, when he decided to retire. Although claimant presented evidence that his decision to retire was compelled...

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