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SHEA v. ICELANDAIR

63 A.D.3d 30 (2009)

876 N.Y.S.2d 225

In the Matter of the Claim of ALFRED SHEA, Appellant, v. ICELANDAIR et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 2, 2009.

Attorney(s) appearing for the Case

Alan W. Clark & Associates, L.L.C., Levittown (Patrick M. Quinn of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Iris Steel of counsel), for Workers' Compensation Board, respondent.

PETERS, J.P., ROSE, KANE and STEIN, JJ., concur.

OPINION OF THE COURT

LAHTINEN, J.

A Workers' Compensation Law Judge (hereinafter WCLJ) determined that claimant's cardiac condition resulted in a mild permanent partial disability, but that the injury did not prevent him from working and that his retirement was voluntary. While there was no award for lost wages, the WCLJ authorized medical treatment. Thereafter, the workers' compensation carrier disputed the amount sought by claimant for medical and transportation...

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