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No Award of Reduced Earnings for Worker who Left Higher-Paying Job Because of Restrictions

By WorkCompCentral

Friday, May 1, 2020 | 0

A New York appellate court ruled that a former winery employee was not entitled to an award of reduced earnings after he left his position because of the restrictions that his doctor imposed upon him. Case: Matter of Wallace v. Don Sebastiani & Sons, No. 528676, 04/23/2020, published. Facts and procedural history: Jerome T. Wallace worked for Don Sebastiani & Sons as a regional vice-president. He injured his lower back in 2011 while lifting cases of wine. He filed a workers’ compensation claim and established his entitlement to benefits. In April 2013, Wallace was diagnosed w...

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