Inadequate Evidence to Support Finding Worker had involuntarily Left Labor Market

A New York appellate court ruled that substantial evidence did not support a finding that an injured worker had involuntarily removed himself from the labor market in 2003. Case: Ouderkirk v. Nestle Food Co., No. 519209, 05/28/2015, published. Facts: Leonard Ouderkirk injured his back while working for the Nestle Food Co. in 1998. In 2012, he underwent surgery but his orthopedic surgeon opined that he was still permanently and totally disabled by his back injury. Procedural History: The Workers' Compensation Board awarded Ouderkirk benefits of $400 per week from the date of surgery, on...