Claim of Bekassy v. Workers' Compensation Board

Appellate Division of the Supreme Court of New York

Claim of Bekassy v. Workers' Compensation Board

72 A.D.2d 642, 421 N.Y.S.2d 147, 1979 N.Y. App. Div. LEXIS 13785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 18, 1979

StatusPublished

This text of 72 A.D.2d 642 (Claim of Bekassy v. Workers' Compensation Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Bekassy v. Workers' Compensation Board, 72 A.D.2d 642, 421 N.Y.S.2d 147, 1979 N.Y. App. Div. LEXIS 13785 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal from decisions of the Workers’ Compensation Board, filed May 18, 1978 and December 15, 1978. Claimant has received an award of reduced earnings resulting from injuries he sustained while in the employ of the Workers’ Compensation Board. Review is sought solely on the ground that claimant voluntarily withdrew from the labor market upon his retirement. The record demonstrates that claimant applied for State retirement when he was notified that he was about to be terminated from employment. His injury occurred before the retirement application became effective and he thereafter sought to regain employment with a former employer, the State Insurance Fund. That position was not available and the alternatives offered were unacceptable, owing to the nature of his disability. Accordingly, as found by the board, claimant did not voluntarily remove himself from the labor market and its decision, which is supported by substantial evidence, must be affirmed (Matter of Larke v Bell Aerosystems, Div. Bell Aerospace Corp., 50 AD2d 649, affd 40 NY2d 1019; Matter of Santry v Westinghouse Elec. Corp., 35 AD2d 1037; Matter of Yankoski v Carborundum Co., 32 AD2d 593). Decisions affirmed, with costs to the [643]*643Workers’ Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Appeal from decisions of the Workers’ Compensation Board, filed May 18, 1978 and December 15, 1978. Claimant has received an award of reduced earnings resulting from injuries he sustained while in the employ of the Workers’ Compensation Board. Review is sought solely on the ground that claimant voluntarily withdrew from the labor market upon his retirement. The record demonstrates that claimant applied for State retirement when he was notified that he was about to be terminated from employment. His injury occurred before the retirement application became effective and he thereafter sought to regain employment with a former employer, the State Insurance Fund. That position was not available and the alternatives offered were unacceptable, owing to the nature of his disability. Accordingly, as found by the board, claimant did not voluntarily remove himself from the labor market and its decision, which is supported by substantial evidence, must be affirmed (Matter of Larke v Bell Aerosystems, Div. Bell Aerospace Corp., 50 AD2d 649, affd 40 NY2d 1019; Matter of Santry v Westinghouse Elec. Corp., 35 AD2d 1037; Matter of Yankoski v Carborundum Co., 32 AD2d 593). Decisions affirmed, with costs to the [643]*643Workers’ Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Bluebook (online)

72 A.D.2d 642, 421 N.Y.S.2d 147, 1979 N.Y. App. Div. LEXIS 13785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bekassy-v-workers-compensation-board-nyappdiv-1979.

Opinion

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