Volunary Withdrawal Found Despite Evidence by Retiree

The Appellate Division of the New York Supreme Court, Third Department, found a voluntary withdrawal from the labor market where claimant failed to present evidence that in fact he could not work. In West v. Niagara Mohawk Power Corp., No. 99342 (N.Y.App.Div. 05/25/2006), Claimant, a lineman employed by Niagara Mohawk for 31 years, sustained a compensable back injury in October 2000. He underwent back surgery in January 2001 and was released by his doctor to return to work without any medical restrictions in April 2001. He returned to full-duty work as a lineman and continued to work as suc...