MATTER OF BALINT v. NYS DEPARTMENT OF CORRECTIONS

510247.

79 A.D.3d 1570 (2010)

In the Matter of the Claim of DONALD E. BALINT, Appellant, v. NYS DEPARTMENT OF CORRECTIONS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 30, 2010.


GARRY, J.

Claimant, a correction lieutenant, was found to have sustained work-related injuries when a chair in which he was sitting collapsed. He performed his regular duties for well over a year following the accident, but felt that he could no longer do his work properly, retired and sought postretirement benefits. The Workers' Compensation Board ultimately determined that, while claimant had sustained a permanent partial disability, he had voluntarily retired and...

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