A New York appellate court upheld an award of wage loss benefits to a sheet metal worker, finding he did not voluntarily withdraw from the labor market.
Case: Matter of Hernandez v. AABCO Sheet Metal, No. 533436, 06/23/2022, published.
Facts: Jerome Hernandez, a sheet metal worker and union member, was laid off from his project-based employment in February 2008 when the job for which he had been hired was completed.
He fell seriously ill a couple of weeks later and went to the hospital, where he was diagnosed with a pulmonary embolism and nodules on his lungs and liver.
At that time, a tre...
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