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MATTER OF CLAIM OF WESLEY CHURCH v. ARROW ELECTRONIC, INC.

503836

69 A.D.3d 983 (2010)

891 N.Y.S.2d 562

2010 NY Slip Op 25

In the Matter of the Claim of WESLEY CHURCH, Appellant, v. ARROW ELECTRONIC, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 7, 2010.

Stein, J.

Claimant injured his back in April 2003 while lifting boxes in a warehouse owned by the employer, underwent substantial back surgery in September 2003 and was awarded wage replacement benefits in December 2003. In December 2005, after surveillance and independent medical examinations of claimant, the workers' compensation carrier sought to suspend payments to him on the ground that he had voluntarily removed himself from the labor market. In addition, outstanding...

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