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MATTER OF GAFF v. NORTH STAR TRUCKING

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 758 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from Workers' Compensation Board.


In 1983 claimant suffered a lower back injury while working as a truck driver. Claimant's lifting ability was thereafter restricted. Claimant was ultimately classified as permanently partially disabled. The Workers' Compensation Board, finding that claimant did not have a total industrial disability, ruled that he had failed to make a sufficient search for work. Claimant appeals. Medical evidence established that claimant was capable of being employed, albeit not in his former employment. After evaluating claimant and considering his lower back injury and limited education, the Office of Vocational and Educational Services for Individuals with Disabilities identified various occupations which were suitable for him. Claimant testified, however, that he did not attempt to find employment in many of the areas recommended. Under these circumstances, we find that substantial evidence supports the decision that claimant did not have a total industrial disability ( see generally, Matter of Mastan v. Nashua Tape Prods., 219 A.D.2d 766; Matter of Yanarella v IBM Corp., 196 A.D.2d 620).

Cardona, P.J., Mercure, White, Casey and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

MATTER OF GAFF v. NORTH STAR TRUCKING

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 758 (N.Y. App. Div. 1997)
Case details for

MATTER OF GAFF v. NORTH STAR TRUCKING

Case Details

Full title:In the Matter of the Claim of PAUL GAFF, Appellant, v. NORTH STAR TRUCKING…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 4, 1997

Citations

242 A.D.2d 758 (N.Y. App. Div. 1997)
661 N.Y.S.2d 852

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