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MATTER OF PARISI v. INCORPORATED VILLAGE OF VALLEY STREAM

284 A.D.2d 841 (2001)

727 N.Y.S.2d 196

In the Matter of the Claim of NICOLA PARISI, Appellant, v. INCORPORATED VILLAGE OF VALLEY STREAM et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 28, 2001.

Carpinello, J.

Claimant sustained a work-related injury to his back in June 1994. His treating physician released him to return to work the next month and he continued to work at his regular duties without restriction and received a full salary until December 1995 when, at the age of 61, he accepted a retirement incentive offer and retired. The Workers' Compensation Board concluded that claimant's retirement constituted a voluntary withdrawal from the labor market...

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