IN THE MATTER OF DISARNO v. MATTEL/FISHER PRICE, INC.


25 A.D.3d 969 (2006)

807 N.Y.S.2d 465

In the Matter of the Claim of ARTHUR DISARNO, Respondent, v. MATTEL/FISHER PRICE, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

January 19, 2006.


Spain, J.

Claimant, who was employed as a maintenance mechanic, sustained a work-related injury to his lower back in September 1997. He subsequently returned to work with the medical restriction that he refrain from any heavy lifting. Claimant continued with his employment in that regard until May 1998, when he elected to take advantage of an early retirement incentive program offered by the employer. Prior to the effective date of his retirement, claimant lined up...

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