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MATTER OF MAGERKO v. EDWIN B. STIMPSON COMPANY, INC.

505707.

67 A.D.3d 1267 (2009)

890 N.Y.S.2d 149

2009 NY Slip Op 08720

In the Matter of the Claim of THOMAS A. MAGERKO, Appellant, v. EDWIN B. STIMPSON COMPANY, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 25, 2009.

Mercure, J.P.

Claimant has an established permanent partial disability due to a variety of ailments related to a 1990 work-related injury. In June 2003, claimant was laid off when his employer moved part of its operations out of state. Following hearings, a Workers' Compensation Law Judge found that, among other things, claimant had not voluntarily withdrawn from the labor market following his layoff. Upon review, the Workers...

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