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Claim of Mulpagano v. Crucible Steel Co. of America

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1976
53 A.D.2d 930 (N.Y. App. Div. 1976)

Opinion

July 1, 1976


Appeal from a decision of the Workmen's Compensation Board, filed January 16, 1975. Claimant, age 62, sustained a work related injury on November 19, 1971. When he returned for work on February 16, 1972, he applied for retirement and the application was accepted. The appellants contend that claimant voluntarily removed himself from the labor market, while it is his contention that his employment was terminated because of injury. It is clear that claimant had a permanent partial disability. There is also substantial evidence to support the finding that claimant sought other employment and, in fact, did find limited part-time work. On this record the board's determination must be sustained (Matter of Miller v Pan Amer. World Airways, 46 A.D.2d 718; Matter of Santry v Westinghouse Elec. Corp., 35 A.D.2d 1037). Decision affirmed, with costs to the Workmen's Compensation Board. Koreman, P.J., Greenblott, Kane, Main and Reynolds, JJ., concur.


Summaries of

Claim of Mulpagano v. Crucible Steel Co. of America

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1976
53 A.D.2d 930 (N.Y. App. Div. 1976)
Case details for

Claim of Mulpagano v. Crucible Steel Co. of America

Case Details

Full title:In the Matter of the Claim of JOSEPH MULPAGANO, Respondent, v. CRUCIBLE…

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

Date published: Jul 1, 1976

Citations

53 A.D.2d 930 (N.Y. App. Div. 1976)

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