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April 14, 2021

Claimant who voluntarily retired became ineligible for workers' compensation benefits after the effective date of such retirement

An individual working for a public employer [Claimant] suffered an injury on the job and was classified as permanently partially disabled. Awarded benefits "for reduced earnings," Claimant continued to perform her duties with her employer "on a fairly consistent basis for many years."

When Claimant decided to retire, she opted for "regular service retirement" because she had reached the eligibility age and did not seek disability retirement benefits.  The Workers' Compensation Board found that Claimant's work-related injuries did not cause or contribute to her decision to retire and thus she was not entitled to an award of reduced earnings subsequent to the date of her retirement. Claimant appealed the Board's determination.

Although Claimant stated that she received medical advice from one physician to retire, the Appellate Division noted that the record did not contain any substantiating medical documentation supporting her having received such advice from a physician. 

The Appellate Division sustained the Board's determination that Claimant withdrew from the labor market voluntarily when she retired and thus she was not entitled to a Workers' Compensation award for "reduced earnings" subsequent to the effective date of her retirement.

Click HEREto access the Appellate Division's decision.

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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.
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