MATTER OF GRIFFIN v. TOWN OF DEWITT

514185.

100 A.D.3d 1129 (2012)

953 N.Y.S.2d 719

2012 NY Slip Op 7357

In the Matter of JAMES V. GRIFFIN, Respondent, v. TOWN OF DEWITT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

November 8, 2012.


Garry, J.

Claimant, a heavy truck mechanic and equipment operator, successfully applied for workers' compensation benefits after he injured his back while swinging a sledgehammer. He required back surgery for his condition in 2009 and missed several months of work, but returned to work without restrictions. Nevertheless feeling that he could no longer perform his duties, claimant retired when he became eligible for Social Security retirement benefits in 2010 and sought...

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