MATTER OF BOBBITT v. PETER CHARBONNEAU CONSTRUCTION

510195.

85 A.D.3d 1351 (2011)

925 N.Y.S.2d 684

2011 NY Slip Op 4790

In the Matter of THOMAS BOBBITT, Appellant, v. PETER CHARBONNEAU CONSTRUCTION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 9, 2011.


KAVANAGH, J.

In 1998, claimant sustained injuries to his neck, shoulder and back in the course of his employment as a construction worker and was thereafter awarded workers' compensation benefits. The parties agreed via stipulation that claimant was permanently partially disabled, but the employer's workers' compensation carrier later contended that claimant had voluntarily removed himself from the labor market and, as a result, his benefits should be discontinued...

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