MATTER OF HESTER v. HOMEMAKERS UPSTATE GROUP

509832.

82 A.D.3d 1461 (2011)

918 N.Y.S.2d 762

In the Matter of the Claim of BARBARA HESTER, Appellant, v. HOMEMAKERS UPSTATE GROUP et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 24, 2011.


SPAIN, J.P.

In 2006, claimant sustained compensable injuries to her right hip and back in the course of her work as a home health aide, and those injuries were eventually found to constitute a permanent partial disability. Thereafter, a Workers' Compensation Law Judge conducted a hearing on the issue of whether claimant remained attached to the labor market and determined that she was. The Workers' Compensation Board reversed, finding that claimant had voluntarily...

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