MATTER OF STEVENSON v. SUNOCO FLEXIBLE PACKAGING


43 A.D.3d 1260 (2007)

843 N.Y.S.2d 198

In the Matter of the Claim of DAVID STEVENSON, Appellant, v. SUNOCO FLEXIBLE PACKAGING et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided September 27, 2007.


Mercure, J.

Claimant worked as an assistant supervisor and press leader for the employer for approximately 30 years. In 2002, claimant sought treatment for a respiratory injury that was ultimately determined to be a causally-related permanent partial disability. After the employer closed the plant at which he worked, claimant applied for but was denied workers' compensation benefits on the ground that he voluntarily withdrew...

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