53 A.D.2d 930 | N.Y. App. Div. | 1976
Appeal from a decision of the Workmen’s Compensation Board, filed January 16, 1975. Claimant, age 62, sustained a work related injury on November 19, 1971. When he returned for work on February 16, 1972, he applied for retirement and the application was accepted. The appellants contend that-claimant voluntarily removed himself from the labor market, while it is his contention that his employment was terminated because of injury. It is clear that claimant had a permanent partial disability. There is also substantial evidence to support the finding that claimant sought other employment and, in fact, did find limited part-time work. On this record the board’s determination must be sustained
