N.Y. 3rd: Rehabilitation Not Required

The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that a failure to cooperate with rehabilitation does not constitute a voluntary withdrawal from the labor market. In Pepe v. City & Suburban , No. 98645, 05/18/2006, Donald Pepe sustained a back injury in 2002 and retired in 2003 without returning to work. The Workers' Compensation Board concluded that Pepe voluntarily withdrew from the labor market because he "retained the ability to work to some degree but refused to cooperate with vocational rehabilitation efforts and failed to seek employment...