MATTER OF O'SHEA v. INITIAL CLEANING SERVICE


32 A.D.3d 592 (2006)

819 N.Y.S.2d 364

In the Matter of the Claim of THOMAS O'SHEA, Appellant, v. INITIAL CLEANING SERVICE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

August 3, 2006.


Rose, J.

When this case was previously before us, we reversed the Workers' Compensation Board's denial of benefits to claimant on the ground that substantial evidence did not support the Board's determination that claimant had voluntarily withdrawn from the labor market (10 A.D.3d 772 [2004]). Upon remittal, the Board reconsidered the matter and, once again, denied benefits. This time, however, the Board made findings on the issue...

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