ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

February 03, 2020

A retirement is involuntary when the claimant's disability caused or contributed to the retirement


A police officer [Claimant] suffered and injury to his lower back while working as a police officer in 2012 and never returned to work. Claimant subsequently accepted a performance of duty disability retirement 2015 and then raised the issue of entitlement to awards for lost wages after retiring. Ultimately the Workers' Compensation Board found that Claimant's retirement was causally related and that he had not voluntarily withdrawn from the labor market. The Board further found that Officer remained temporarily totally disabled and was entitled to lost wage awards for the period between March 13, 2015 and July 12, 2017, and remanded for a determination on the issue of permanency. The employer appealed the Board's determination.

The Appellate Division, citing Romanko v New York Univ., 154 AD3d 1031, affirmed the Board's decision, explained "Generally, a claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement." Further, said the court, "Whether a retirement or withdrawal from the labor market is voluntary is a factual determination to be made by the Board, and its decision will be upheld when supported by substantial evidence."

As to the nature of Officer's retirement, the opinion states that "A retirement is involuntary when the claimant's disability caused or contributed to the retirement." Here the Board credited Officer's testimony that he had accepted retirement because his "work-related back injury left him unable to work." Further, the Workers' Compensation carrier's medical consultant opined that Officer "had a temporary total disability and was 'incapable of returning to the workforce in any capacity' and that he anticipated that the condition would be permanent."

Affirming the Board's decision, the Appellate Division said that there was "substantial evidence supporting the Board's conclusion that [Officer's] disability caused or contributed to his retirement and,thus,that it was involuntary.

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com