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MATTER OF ABEND

510833.

83 A.D.3d 1334 (2011)

In the Matter of the Claim of RICHARD A. ABEND, Appellant. STAFFWORKS, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided April 21, 2011.

Claimant worked part time as in-house counsel for Staffworks, Inc. (hereinafter employer) and was paid a salary with bonuses and provided health insurance. After heart surgery in April 2008, he went on disability leave. Shortly thereafter, he was informed that the employer did not pay health insurance premiums for inactive employees. Rejecting less expensive alternatives to supplement his Medicare entitlement, claimant elected...

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