MATTER OF FALLON v. SYRACUSE CITY SCHOOL DISTRICT

508058.

77 A.D.3d 997 (2010)

908 N.Y.S.2d 468

In the Matter of the Claim of MARY FALLON, Appellant-Respondent, v. SYRACUSE CITY SCHOOL DISTRICT et al., Respondents-Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 7, 2010.


GARRY, J.

Claimant, a teacher, sustained a neck injury in 2005 while moving heavy items around a classroom. She has never been cleared to return to work and, in 2006, retired. Her workers' compensation claim was established, and a Workers' Compensation Law Judge determined that her injury constituted a permanent partial disability that had contributed to her decision to retire. Upon review, the Workers' Compensation Board initially found that claimant had voluntarily...

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