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MATTER OF BROWNE v. MEDFORD MULTICARE

510832.

89 A.D.3d 1173 (2011)

931 N.Y.S.2d 924

2011 NY Slip Op 7764

In the Matter of KIMBERLY BROWNE, Appellant, v. MEDFORD MULTICARE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 3, 2011.

MERCURE, J.P.

Claimant, a certified nurse's aide, suffered injuries when she fell at work. Thereafter, she successfully applied for workers' compensation benefits. After she rejected the employer's offers to place her in a light-duty assignment, the employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) asserted that she had voluntarily withdrawn from the labor market. The Workers' Compensation Board agreed and held that...

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