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Eligibility for Workers? Compensation benefits depends on whether a work related injury was the reason why an individual retired

Eligibility for Workers? Compensation benefits depends on whether a work related injury was the reason why an individual retired
Matter of Hayes v Nassau County Police Dept., 09 NY Slip Op 01266, Decided on February 19, 2009, Appellate Division, Third Department

Following his involvement in two work-related car accidents, Ronald J. Hayes retired from employment as a police officer with the Nassau County Police Department. At the time he was receiving workers? compensation benefits that were awarded in separate workers' compensation cases related to injuries he had sustained on the job.

In the course of reviewing his case, Workers? Compensation approved surgery recommended by his physician. When Hayes sought compensation for lost time from work, a hearing was held to determine whether he had ?voluntarily withdrew from the labor force? when he retired. If his retirement was found to be a ?voluntary withdrawal? from the labor force, he would not be eligible for such compensation.

Ultimately the Workers? Compensation Administrative Law Judge ruled that Hayes? ?withdrawal from the labor force was not voluntary.?

The Workers' Compensation Board, however, reversed, holding that Hayes? retirement was voluntary based on its finding that Hayes? ?work-related injury did not cause or contribute to his decision to retire.?

Hayes appealed and the Appellate Division vacated the Board?s determination on the grounds that its decision could not be sustained ?when it is clearly based on incorrect facts or an inaccurate reading of the record.? The court remanded the matter to the Board for its reconsideration of the evidence in the record.

Here, said the court, the issue to be determined whether Hayes' medical condition ?impacted his decision to retire,? an issue distinct from the Board's previous decision that he required surgery.

Accordingly, the Board was directed to reconsider the issue of the ?voluntariness of [Hayes?] retirement? in light of the testimony of his physician set out in the record.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01266.htm

Full post as published by New York Public Personnel Law on February 27, 2009 (boomark / email).