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Matter of Downer v. Lawrence Hospital

Appellate Division of the Supreme Court of New York, Third Department
Jul 19, 1979
71 A.D.2d 736 (N.Y. App. Div. 1979)

Opinion

July 19, 1979


Appeal from a decision of the Workers' Compensation Board, filed December 14, 1977, which affirmed a referee's decision basing the amount of compensation awarded to claimant on a finding that she voluntarily limited her participation in the labor market. The board found: "based on the claimant's testimony that she occasionally worked four days, but she only wanted to work three days, that the claimant voluntarily limited her participation in the labor market, therefore, Subdivision 3 of Section 14 does not apply in this case." There is substantial evidence in the record to support the determination of the board (Matter of Pfeffer v. Parkside Caterers, 42 N.Y.2d 59, 60-61; Matter of Henry v. Pittman Co., 60 A.D.2d 733; Matter of Derion v Gilford Mfg. Co., 282 App. Div. 788). Decision affirmed, without costs. Greenblott, J.P., Sweeney, Staley, Jr., and Mikoll, JJ., concur.


Summaries of

Matter of Downer v. Lawrence Hospital

Appellate Division of the Supreme Court of New York, Third Department
Jul 19, 1979
71 A.D.2d 736 (N.Y. App. Div. 1979)
Case details for

Matter of Downer v. Lawrence Hospital

Case Details

Full title:In the Matter of the Claim of BRENDA DOWNER, Appellant, v. LAWRENCE…

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

Date published: Jul 19, 1979

Citations

71 A.D.2d 736 (N.Y. App. Div. 1979)