From Casetext: Smarter Legal Research

Matter of Pikcilingis v. Macy's

Appellate Division of the Supreme Court of New York, Third Department
Nov 3, 1994
209 A.D.2d 742 (N.Y. App. Div. 1994)

Opinion

November 3, 1994

Appeal from the Workers' Compensation Board.


Claimant was employed as a salesperson. She sustained compensable injuries to both knees in 1985 and was subsequently found to be permanently, partially disabled. Claimant returned to work with the employer, retiring in July 1990. Testimony indicated that upon her return to work from the 1985 injuries, claimant's duties were modified to accommodate her disability, that she was not told by her doctor that she had to retire and that she did so without medical consultation. In light of this testimony, we find substantial evidence to support the Board's decision that claimant voluntarily removed herself from the labor market.

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Pikcilingis v. Macy's

Appellate Division of the Supreme Court of New York, Third Department
Nov 3, 1994
209 A.D.2d 742 (N.Y. App. Div. 1994)
Case details for

Matter of Pikcilingis v. Macy's

Case Details

Full title:In the Matter of the Claim of BEATRICE PIKCILINGIS, Appellant, v. MACY'S…

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

Date published: Nov 3, 1994

Citations

209 A.D.2d 742 (N.Y. App. Div. 1994)
618 N.Y.S.2d 591

Citing Cases

Claim of La Rosa v. IBM Corp.

The Board determined that claimant voluntarily removed himself from the labor market and that he sustained no…

Matter of Gowdey v. Newburgh City Sch. Dist

While there were occasional exacerbations of his condition, claimant's condition did not improve or worsen…