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MATTER OF ROBINSON v. NEW YORK TELEPHONE CO
Appellate Division of the Supreme Court of New York, Third Department.
Feb 11, 1982
Appeal from a decision of the Workers' Compensation Board, filed April 14, 1981. The employer contends that the board erred in finding that claimant had not voluntarily withdrawn from the labor market. However, in view of the undisputed testimony that claimant's retirement was involuntary, that subsequently he searched for and obtained other employment and that he had a causally related disability, the board's finding is clearly supported by substantial evidence (see Matter of Yamonaco v Union Carbide Corp., 42 A.D.2d 1014; Matter of Santry v Westinghouse Elec. Corp., 35 A.D.2d 1037). Decision affirmed, with costs to the Workers' Compensation Board. Mahoney, P.J., Sweeney, Kane, Casey and Weiss, JJ., concur.
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