A New York appellate court ruled that a worker was no longer entitled to wage-replacement benefits because he had voluntarily departed from the labor market.
Case: Aponte v. NBTY, No. 519180, 03/12/2015, published.
Facts: Bienvenido Aponte suffered injuries to his neck, back and knee when a coworker assaulted him in 2009.
Aponte briefly left the labor market after the assault, but he found work in February 2011 with a pharmaceutical company, and then as a security guard. He stopped working again in August 2011.
Aponte had surgery on his neck in December 2011, and on his back in May 2012.
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