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A claimant who voluntarily withdrew from the labor market is ineligible for post-retirement Workers? Compensation benefits

A claimant who voluntarily withdrew from the labor market is ineligible for post-retirement Workers? Compensation benefits
Matter of Danussi v Chateaugay A.S.A.C.T.C., 2008 NY Slip Op 08382, Decided on November 6, 2008, Appellate Division, Third Department

Correction Officer Stephen A. Danussi suffered a work related injury and filed a claim for Workers? Compensation Benefits. He then returned to work without any medical restrictions and continued working until he decided to retire one month after he completed 25 years of service.

A Workers? Compensation hearing was held to consider Danussi?s application for post-retirement workers' compensation benefits. Although the Workers? Compensation Law Judge determined that Danussi suffered a permanent partial disability, Danussi?s claim for benefits was denied on the ground that he had retired voluntarily from his position.

A panel of the Workers' Compensation Board affirmed the law judge?s determination and Danussi appealed.

The Appellate Division affirmed the Board?s decision, noting that ?Whether a claimant's retirement was a voluntary withdrawal from the labor market is a factual issue to be determined by the Board, and its determination will be upheld if supported by substantial evidence in the record.?

In this instance, said the court, Danussi returned and continued to work without restriction after sustaining his injury; never requested or received a modified or light-duty assignment; filed for service [superannuation] retirement rather than disability retirement; admitted that he did not advise his supervisors that he was retiring due to his back condition and conceded that although his chiropractor stated that retirement "would probably be easier on [him]," he was not medically advised to retire.

Notwithstanding evidence suggesting that Danussi?s injury may have contributed to his decision to retire, the Appellate Division conclude that the Board?s determination was supported by substantial evidence and, as such, "must be upheld."

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08382.htm

Full post as published by New York Public Personnel Law on November 10, 2008 (boomark / email).