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IN THE MATTER OF BENTVENA v. CITY & SUBURBAN

57 A.D.3d 1028 (2008)

868 N.Y.S.2d 395

In the Matter of the Claim of WILLIAM BENTVENA, Respondent, v. CITY & SUBURBAN et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

December 4, 2008.

Malone Jr., J.

Claimant sustained a work-related injury in July 2003. Thereafter, the employer and its workers' compensation carrier raised an issue as to whether claimant voluntarily withdrew from the labor market by refusing the offer of a light-duty work assignment. Following several hearings and the deposition testimony of five doctors, a Workers' Compensation Law Judge determined that claimant voluntarily withdrew from the labor market. Upon review, the Workers...

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