Selected links to items concerning government operations posted on the Internet during the week ending July 5, 2024

$5B for EV Infrastructure Yields Just 11 Charging Stations Slow rollout of the federal program has frustrated lawmakers, especially those in Michigan, which received $110 million through fiscal year 2026 for EV expansion but has funded no new power stations. READ MORE

Are We Only 20 Years from the Singularity? When futurist Ray Kurzweil popularized the idea that AI would one day surpass human intelligence, he predicted its occurrence in 2045. With two decades to go, now is the time to get ahead on regulating it. READ MORE

Aurigo Offers Free Trial for Capital Planning Software The trial, meant to promote updates to the Aurigo Essentials product, could help local and regional agencies decide the best way forward for construction management tools. The move comes amid a relatively high level of public-sector infrastructure spending. READ MORE

Budget Tech Firm IGM Raises Strategic Growth Investment The company offers the Gravity platform and sells budgeting, compliance and other tools to local and state governments. A gov tech veteran will join the board of directors following the growth equity investment. READ MORE

Can Human-Centered Design Help Rebuild Trust in Government? States are investing in ways to incorporate the end user's experience into digital services, looking at how people truly use platforms and how to improve them. Some say it’s what government should have been doing all along. READ MORE

Can Struggling Houses of Worship Be Turned Into Housing? Not Always. “YIGBY” is a hot trend, but there are better uses for some faith-based organizations’ surplus real estate. READ MORE

Checklist: Is Your Website Your Single Source of Truth? Local government websites should be resident engagement tools, not digital brochures or org charts. We use intuitive navigation, smart search, and more for optimal self-service. GET MY CHECKLIST

CivicPlus Launches Its Own Local Govt. Consulting Service  The company, which sells digital tools to local public agencies, plans to use its own data, survey reports and analysis to help officials decide how to invest in technology, craft budgets and do other jobs. The man leading the effort explains the thinking behind it. READ MORE

DeSantis Vetoes Three Criminal Justice Reform BillsThe bills, which passed with bipartisan support, would have made it easier for felons who’d served time to re-enter society successfully. But Gov. DeSantis said they would reward criminals. READ MORE

Digital Curb Management Can Make Streets Earn Their Keep Cities are no longer seeing their miles of streetscape as cheap parking spaces. Curbs are now considered some of the most in-demand pieces of urban real estate, and technology is stepping up to help manage them. READ MORE

Digital Transformation Success Stories Discover why CivicPlus® is trusted by local governments nationwide. Download our fact sheet to see what our #CPfamily says about partnering with us for their website redesign projects. DOWNLOAD NOW

FBI Probes IT Disruption at Saratoga Springs, N.Y., City Hall The city network is offline, though other services are available, after the IT department was alerted late Tuesday a police officer was unable to access his account on the city computer system. Ransomware is not believed to be to blame. READ MORE

 Feds Award $18.2M in Cybersecurity Grants to Tribal Nations The Department of Homeland Security's Tribal Cybersecurity Grant Program is set to send the money to 32 tribal nations, aiming to help strengthen cybersecurity postures against rising threats. READ MORE

Generative AI in Health Care: Opportunities and Cautions Generative AI (GenAI) is transforming healthcare by enabling new possibilities in data analysis, patient care, and administrative tasks. However, its implementation raises concerns about bias, cybersecurity, and ethics. This research brief provides an overview of GenAI's capabilities, use cases, and potential drawbacks in healthcare. DOWNLOAD

Getting Connected: How Wide Is the Digital Divide? Buoyed by unprecedented federal funding as well as a widely accepted understanding that Internet is a fundamental part of modern life, states and cities confront the remaining obstacles to getting everyone online. READ MORE

Government, Partners Plan Together for Accessible AI As the federal government moves forward on assessing and using artificial intelligence technologies, three partners are working to ensure people with disabilities are engaged throughout the process. READ MORE

Hawaii Governor Names Christine Sakuda Next State CIO Most recently the executive director of the nonprofit Transform Hawaii Government, she will replace Doug Murdock as CIO and lead the state Office of Enterprise Technology Services starting Aug. 5. READ MORE

How a Modular Business Solutions Strategy Addresses Workforce Gaps State and local governments face ongoing workforce challenges, including budget constraints and difficulty competing with the private sector. Often, antiquated technology and outdated processes make it even harder to attract and retain new employees. READ MORE

How Contact Centers Can Innovate Without Disruption Contact centers are essential to creating a satisfying customer experience (CX) for government agencies and their constituents. In this Government Technology Q&A, Jerry Dotson, vice president of public sector, Avaya Government Solutions, explains how the right CX platform lets government organizations implement new contact center technologies easily and efficiently. READ MORE

How Local Leaders Can Overcome Barriers to Public Transit As city and county leadership look to solve their communities’ most urgent problems, they may lack an important tool: an effective public transit system. This report examines new survey data and case studies to show how local leaders can meet their public transit goals, even in the face of low budgets and other limitations. DOWNLOAD

How Managed Print Services Automate Maintenance and Protect Networks Copiers and printers are office essentials, but every printer and copier represents another network endpoint that needs protection from cyberattacks. Many agencies need to better protect and manage these standard pieces of equipment. The right partnership can provide security while automating routine administrative tasks. Download the publication to learn more about the flexibility and security available with managed print services. DOWNLOAD

Iowa Supreme Court Allows 6 Week Abortion Ban to Take Effect Most abortions are now illegal in the state. A ban passed last year had been held up by a lower court’s injunction but justices ruled Friday, 4-3, that it can stand. READ MORE

ISTELive 24: How Should K-12 Students Interact With AI? AI tools excel at generating content, but knowing what to do with that content is the skill that human users must bring to the table. Students tend to learn it best when trying to solve problems they care about. READ MORE

Maine’s First Research Satellite Primed for California Launch Weather or technical glitches notwithstanding, the state of Maine’s inaugural research satellite was due to lift off from Vandenberg Space Force Base in California early Tuesday. Its aim? Collecting climate data. READ MORE

Michigan County Restores 80 Percent of Systems After Cyber Attack The computer-aided dispatch system for Grand Traverse County's 911 service is also officially back online following a cyber attack that disabled the system and many other governmental services. READ MORE

Modernizing Spaces for a Hybrid Workforce Wake County, the largest county in North Carolina at over 1 million residents, is home to North Carolina State University as well as Raleigh, the state capital. The county is known for its innovative spirit and has been modernizing to meet the increasing demand for remote work. The county recognized the need for a more seamless approach to collaboration between its in-office and remote teams. DOWNLOAD

Montgomery County, Md.’s Chatbot Shows GenAI in Action I’m always looking for best practices and examples to share around government AI and cyber projects. Monty 2.0 is certainly praiseworthy and a GenAI project to watch and learn from. READ MORE

More States Consider Voter ID Laws Despite Contradicting Research In a June poll, 84 percent of registered Nevada voters supported implementing voter ID rules. Some studies indicate ID requirements impede access, but evidence is mixed. READ MORE

N.Y. State Tech Hub Cities to Get $40M in Federal Funds The cities of Buffalo, Rochester and Syracuse collectively received funding via a “tech hub” competition run by the U.S. Economic Development Administration. They’ll use it to develop an area semiconductor industry. READ MORE

New AI Tool Will Help Track Bacteria on Texas Beaches A 2023 study found that 90 percent of the state’s beaches tested positive for unsafe levels of fecal bacteria for at least one day. Fecal contamination can come from urban runoff, sewage overflows and factory farms. READ MORE

New Arkansas AI Working Group Will Guide Implementation The state has created a new working group to study and assess artificial intelligence and make policy recommendations for the technology’s use. It will provide a report on its findings by December. READ MORE

New Haven, Conn., Notifies Hundreds That Personal Info Breached Officials are notifying more than 400 people that personal information could have been compromised during a cyber attack that led to the city’s Board of Education being defrauded out of nearly $6 million. READ MORE

Oregon Claim Backlog from Change Healthcare Hack Persists Central Oregon Pathology Consultants has a backlog of at least 18,000 claims and its billing system has been down since Feb. 21. U.S. Sen. Ron Wyden said the cyber attack’s aftermath is one of his most important issues. READ MORE

Pennsylvania Law Gives Data Breach Victims Free Monitoring Gov. Josh Shapiro on Friday signed the legislation that also requires notification to the state attorney general when more than 500 state residents are impacted by a breach. READ MORE

Public Investment Bolsters Colorado Push to Be Quantum Hub Colorado is closer to becoming the center of the nation’s quantum technology universe with the award of $40.5 million in federal money, which will also leverage $77 million in state commitments. READ MORE

Repairing Portland’s Burned Police Cars Will Cost $400K and Take 2 Years Seventeen vehicles were set on fire in May. The city’s fleet of police cars may not be fully replenished due to supply chain delays and a narrow ordering window. READ MORE

Stable but Slowing: State Revenues Start to Squeeze Policy Ambitions After years of rapid growth, states are starting to see revenue declines. Tax cuts red states enacted could become more costly in future years, while some blue states are debating tax increases. READ MORE

State Government Steps Up to Regulate AI, Filling Federal Void State lawmakers are working to define key terms and address risks as AI gets integrated into everyday life. California state Sen. Thomas Umberg talks about balancing regulation and innovation. READ MORE

States Need Stronger Identity Verification as Online Services Grow New research shows reliance on outdated identity verification methods. READ MORE

States Should Take the Lead in Stabilizing Disaster Insurance Homeowners are being squeezed out of affordable coverage. Sustainable intergovernmental partnerships with the insurance industry offer a solution. And there may be a role for state and local pension funds. READ MORE

States Work to Make Digital Services Accessible for All With a new requirement from the Department of Justice looming, state and local governments must make their digital services accessible for people with disabilities, but not all are starting from the same place. READ MORE

Supreme Court Allows Ban on Homeless People Sleeping Outside The Court found that there is no constitutional right to sleep outdoors or in cars. In dissent, liberal justices argued that sleep is a necessity that's effectively being  criminalized. READ MORE

Texas Seeks to Double Taxpayer-Backed Fund for Natural Gas Gov. Greg Abbott and Lt. Gov. Dan Patrick want $5 billion more to expand a low-interest loan program for natural gas power plant construction “as soon as possible.” READ MORE

The Biggest Challenge in Public Finance May Not Be Money Workforce shortages are affecting many areas of government, but public finance is particularly hard hit. Shortages of accountants are a severe problem, with too few candidates replacing aging employees. READ MORE

The State of GovTech in Justice and Public Safety From tools that give law enforcement better situational awareness to software that prepares formerly incarcerated individuals for the workforce, justice and public safety agencies can take advantage of many new innovations this year. This paper presents profiles of 12 startup companies that are using technologies like artificial intelligence and the cloud to help create safer communities. DOWNLOAD

This Fourth, Fireworks Sales Are Fizzling Out Fireworks consumption skyrocketed during the pandemic as public displays were canceled and Americans were stuck at home. Now the big pyrotechnic shows are back, and sales have plummeted to pre-pandemic levels. READ MORE

Vaccine Skepticism Presents Growing Threat to Public Health Hesitancy has spread from COVID-19 to traditional childhood immunizations. Parents who don't want their children vaccinated have increasing political support. READ MORE

Voters to Decide if California Can Borrow $20B for Climate and Education State lawmakers will likely place two bonds, one for climate change impacts and one for school repairs – each worth $10 billion – on the November ballot. The bonds will require a two-thirds approval from both chambers to reach the ballot. READ MORE

What Does AI Mean for Human-Centered Design? As governments increasingly put end users at the forefront of how they're developing digital services, we checked in with state CIOs to see where that effort intersects with the rise of artificial intelligence. READ MORE

What’s New in Digital Equity: Michigan Builds Digital Skills Plus, Massachusetts has added three members to its digital accessibility board, a federal resource on digital literacy aims to support community needs, and more. READ MORE

Why Construction Projects Always Cost More Than Estimated Poor planning, bad timing and political considerations all make overruns practically a given. READ MORE

Defending democracy against downside artificial intelligence risks

An insight item posted on the Internet-

Michaels, Robert A.  Defending democracy against downside artificial intelligence risks.  Response to Bengio et al.,  Science, 384(6698):842-5, 24 May 2024, eLetters, 

https://www.researchgate.net/publication/381698382_Michaels_Robert_A_Defending_democracy_against_downside_artificial_intelligence_risks_Science_eLetter_18_June_2024, online 18 June 2024.

Application for workers' compensation benefits for hearing loss alleged due to prolonged exposure to workplace noise denied

Although a Workers' Compensation Law Judge established the applicant's claim for occupational binaural hearing loss, upon administrative appeal the Workers' Compensation Board reversed, finding that claimant did not meet his burden of establishing a relationship between his injury and his employment by competent medical evidence and disallowed the claim.

 

Matter of DeWolf v Wayne County

2024 NY Slip Op 03531

Decided on June 27, 2024

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:June 27, 2024

CV-23-2014

[*1]In the Matter of the Claim of Andrew P. DeWolf, Appellant,

v

Wayne County et al., Respondents. Workers' Compensation Board, Respondent.

Calendar Date:May 28, 2024
Before:Garry, P.J., Egan Jr., Lynch, Fisher and Powers, JJ.

Andrew P. DeWolf, Lyons, appellant pro se.

 Hamberger & Weiss LLP, Rochester (Joseph P. DeCoursey of counsel), for Wayne County and another, respondents. 

Garry, P.J. 

Appeal from a decision of the Workers' Compensation Board, filed June 6, 2023, which ruled that claimant did not sustain a causally-related occupational disease and denied his claim for workers' compensation benefits.

Claimant worked in the field as an emergency medical technician for Wayne County for roughly 15 years. In August 2020, he filed a claim for workers' compensation benefits, alleging that he sustained hearing loss due to prolonged exposure to workplace noise. Following a hearing, the Workers' Compensation Law Judge established the claim for occupational binaural hearing loss. Upon administrative appeal, the Workers' Compensation Board reversed, finding that claimant did not meet his burden of establishing a relationship between his injury and his employment by competent medical evidence, and disallowed the claim. Claimant appeals.[FN1]

We affirm. "To be entitled to workers' compensation benefits for an occupational disease, a claimant must establish a recognizable link between his or her condition and a distinctive feature of his or her occupation through the submission of competent medical evidence" (Matter of Velez v Eger Health Care & Rehab Ctr., 217 AD3d 1095, 1096 [3d Dept 2023] [internal quotation marks and citations omitted]; see Matter of Gandurski v Abatech Indus., Inc., 194 AD3d 1329, 1329 [3d Dept 2021]). "To this end, a medical opinion on the issue of causation must signify a probability as to the underlying cause of the claimant's injury which is supported by a rational basis" (Matter of Mayette v Village of Massena Fire Dept., 49 AD3d 920, 922 [3d Dept 2008] [internal quotation marks and citations omitted]; accord Matter of Sanchez v New York City Tr. Auth., 206 AD3d 1428, 1429 [3d Dept 2022]).

Claimant testified that he suffered hearing loss due to repeated exposure to loud siren and radio noise at work.[FN2] Claimant testified that he worked full time, sometimes in excess of 60 hours per week, but that he could not quantify how often he was exposed to loud noise. Claimant also could not quantify the decibel level of noise but he did testify that he could carry on a conversation in the vehicle with the siren on. Claimant also testified that he has hunted recreationally for the past 26 years without consistently wearing ear protection.

In support of his claim, claimant offered the medical narratives and deposition testimony of otolaryngologists Michael DeCicco and Benjamin Crane.[FN3] DeCicco examined claimant in May 2021 and diagnosed moderately severe to severe bilateral sensorineural hearing loss. DeCicco testified that, based upon the history that claimant provided, "there was a very good chance" that claimant's hearing loss was related to noise exposure at work. DeCicco also testified that he was not provided any information as to the decibel levels that claimant was exposed to nor the duration of the exposure and that he was not aware of claimant's use of firearms. Crane examined claimant in July 2021 and concluded that claimant's [*2]hearing loss was "likely related to noise exposure." Crane testified, however, that he did not have an opinion as to whether claimant's hearing loss was related to noise at work because claimant had two sources of noise exposure, "work and recreational[ ]."

Crane further noted the lack of information regarding the level and duration of claimant's exposure to noise at work. Although Crane concluded that noise exposure at work "could have and I guess I believe it did" play a role in claimant's hearing loss, he added that, "as mentioned, I don't have the details on how much noise exposure it actually was."

In light of the foregoing, we conclude that the Board acted within its authority in rejecting claimant's medical evidence of a causal relationship as speculative (see Matter of Tucker v City of Plattsburgh Fire Dept., 153 AD3d 984, 988 [3d Dept 2017], lv denied 30 NY3d 906 [2017]; Matter of Mayette v Village of Massena Fire Dept., 49 AD3d at 922). We note that the Board was entitled to reject claimant's medical evidence even though there was no other medical evidence presented on the issue of causation (see Matter of Glowczynski v Suburban Restoration Co., Inc., 174 AD3d 1236, 1238 [3d Dept 2019]; Matter of Bradley v US Airways, Inc., 58 AD3d 1043, 1045 [3d Dept 2009]).

Finally, contrary to claimant's contention that the Board lacked jurisdiction to decide his claim, the Legislature has granted the Board the sole "power to hear and determine all claims for compensation" (Workers' Compensation Law § 142 [1]; see NY Const, art I, § 18). Further, we reject claimant's contention that he was denied due process "[a]s the record reflects that [he] was afforded the opportunity to be heard at a meaningful time and in a meaningful manner" (Matter of Spillers v Health & Hosp. Corp., 225 AD3d 1100, 1102 [3d Dept 2024] [internal quotation marks and citations omitted]; see Matter of Narine v Two Bros. for Wholesale Chicken Inc., 198 AD3d 1040, 1044 [3d Dept 2021]). Claimant's remaining contentions, to the extent that they are properly before us, have been considered and found to be without merit.

Egan Jr., Lynch, Fisher and Powers, JJ., concur.

ORDERED that the decision is affirmed, without costs. 

FOOTNOTES

Footnote 1: To the extent that claimant challenges the denial of his application for reconsideration and/or full Board review, he did not file a notice of appeal from that decision and, therefore, those issues are not properly before us (see Matter of Petrillo v Comp USA, 131 AD3d 1282, 1282 n [3d Dept 2015]).

Footnote 2: We decline claimant's request that we take judicial notice of information contained in certain documents and websites referred to for the first time on appeal (see Fidelity Natl. Tit. Ins. Co. v Legend Abstract Corp., 171 AD3d 705, 706 [2d Dept 2019]; Shon v State of New York, 75 AD3d 1035, 1038 [3d Dept 2010]).

Footnote 3: Claimant's contention that the taking of the depositions of his medical experts telephonically was improper (see CPLR 3115 [b]) was waived by his failure to object at the time that the depositions were taken (see CPLR 3115 [b]; Matter of Washington v Montefiore Hosp., 7 AD3d 945, 947-948 [3d Dept 2004]).

 

CELEBRATE THE FOURTH OF JULY HOLIDAY AND STAY WELL

Also known as Independence Day — this date has been a federal holiday in the United States since 1941.

Workers' Compensation Board ruled, among other things, that claimant for Workers' Compensastion had voluntarily removed himself from the labor market and was not entitled to postretirement wage loss benefits

Applicant for Workers' Compensation benefits continued to work on restricted duty as a union representative in an administrative capacity until he opted to take a normal service retirement effective May 14, 2020 claimed he had involuntary retired as a result of the back injuries he sustained in 2009. The Board rescinded the award of lost wages and replaced it with a finding of no compensable lost time.

The Appellate Division denied Applicant's challenge to the Board's decision. In affirming, the court 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" and "Although the absence of evidence of medical advice to retire may be a relevant factor in determining whether a particular claimant's retirement constituted a voluntary withdrawal from the labor market, medical advice to retire is not ... an essential element for a finding that a claimant's compensable injury played a role in the decision to retire".

Decided and Entered:June 27, 2024

CV-23-1524

[*1]In the Matter of the Claim of John T. Carroll, Appellant,

v

Nassau County Police Department et al., Respondents. Workers' Compensation Board, Respondent.

Calendar Date:June 5, 2024
Before:Pritzker, J.P., Lynch, Ceresia, Fisher and Mackey, JJ.

Fusco, Brandenstein & Rada, PC, Woodbury (Jesse A. Sigismonti of counsel), for appellant.

Vecchione, Vecchione, Connors & Cano, LLP, Garden City Park (Michael F. Vecchione of counsel), for Nassau County Police Department and another, respondents.

Fisher, J.

Appeal from a decision of the Workers' Compensation Board, filed April 5, 2023, which ruled, among other things, that claimant had voluntarily removed himself from the labor market and was not entitled to postretirement wage loss benefits.

In March 2009, claimant, a police officer and union representative, injured his back and left knee while making an arrest, and resultantly underwent a spinal surgery (laminectomy and discectomy) on May 4, 2010. He returned to work in 2011 on restricted administrative duty, and later that year resumed the full-time duties of a police officer until July 2019, when he was again put on restricted duty. Claimant continued to work on restricted duty as a union representative in an administrative capacity until he opted to take a normal service retirement effective May 14, 2020, and thereafter raised the issue of involuntary retirement as a result of the back injuries he sustained in 2009.

A hearing was held at which claimant testified, explaining his restricted light job duties and that he had retired involuntarily due to the ongoing and worsening back pain and symptoms that he experienced while performing those duties, notwithstanding the employer's accommodation of his back condition, and on the advice of his treating orthopedic surgeon. Claimant further testified that his position required sitting approximately five to six hours per day and worsened his symptoms, and that taking breaks or standing to alleviate his pain was not always feasible. The commanding officer of the medical administration office also testified regarding claimant's administrative duties, stating that he was permitted to stand and stretch to alleviate his symptoms and that there was no time limitation on how long he could remain on restricted duty status. Deposition testimony and medical records and reports were submitted in support of claimant's back injury. Specifically, claimant's treating orthopedic surgeon, who began treating claimant in February 2019, testified that claimant had a progressively worsening disability of 33.3% in February 2019 that, as of August 2020, left him 75% disabled. The orthopedist diagnosed claimant with multi-level spinal compression, lumbar stenosis, disc degeneration and radiculopathy, and further testified that retirement had been necessary because claimant's restricted job duties involved sitting and sedentary work, which were "very difficult" and provoked his back symptoms. Based on this, the orthopedist opined that claimant could only tolerate part-time sedentary work, he could not sit for full days and that he should not sit for more than one hour at a time. Claimant's pain management specialist examined him six or seven times between January and November 2020, and found — based upon these examinations, the treating orthopedist's disability calculation, an MRI report and claimant's complaints — that he had a mild/moderate disability of 33.3% and that his condition had stabilized, noting that he had never [*2]advised claimant to retire.

The employer and its workers' compensation carrier procured an independent medical examination of claimant that was performed eight months after his retirement in January 2021, by an orthopedic surgeon (hereinafter the carrier's consultant) who reviewed his medical records and submitted a report; the report recommended continuing physical therapy but did not offer an opinion regarding claimant's degree of disability, ability to perform his restricted job duties with accommodations at the time of his retirement or whether retirement was medically advised. The report recorded claimant's ongoing complaints of low back pain, pain radiating down his right leg and pain in his mid-back to the right buttocks and posterior thigh and lateral leg numbness and tingling, and included a diagnosis of right side sciatica and postoperative status. The carrier's consultant, who conceded that he had no recollection of the examination, later testified and, adopting the content of his report, opined that claimant had a moderate to marked disability, had limited range of motion with pain, had not reached maximum medical improvement and that he should continue physical therapy and avoid repetitive lifting and prolonged standing, walking and stair climbing.

A Workers' Compensation Law Judge (hereinafter WCLJ) found that although claimant had not been forced by the employer to retire and the employer had attempted to accommodate his condition, even his modified duties were too painful and, accordingly, he had involuntarily retired primarily due to his disability that resulted from the 2009 injury. The WCLJ held in abeyance an award for lost wages from claimant's May 14, 2020 retirement until December 7, 2020, pending further review of medical records, and made an award of continuing lost wage payments at a 50% temporary partial disability rate for the period of December 7, 2020 through December 30, 2022 (the day after the final hearing). On administrative appeal, the Workers' Compensation Board modified the WCLJ's decision, concluding that claimant's disability did not prevent him from performing his light duty assignment with accommodations, and that he had voluntarily retired. The Board rescinded the award of lost wages and replaced it with a finding of no compensable lost time. Claimant appeals.

We affirm. "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" (Matter of Losquadro v Nassau County Police Dept., 225 AD3d 1083, 1084 [3d Dept 2024] [internal quotation marks and citations omitted]; accord Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048-1049 [3d Dept 2024]; Matter of Vankoevering v New York State Canal Corp., 211 AD3d 1301, 1302 [3d Dept 2022]). "Although the absence of evidence of medical advice to retire may be a relevant factor in determining whether a particular [*3]claimant's retirement constituted a voluntary withdrawal from the labor market, medical advice to retire is not . . . an essential element for a finding that a claimant's compensable injury played a role in the decision to retire" (Matter of Evans v Jewish Home & Hosp., 289 AD2d 795, 796 [3d Dept 2001] [internal citations omitted]), but there must "be some evidence that the claimant's disability caused or contributed to the retirement" (Matter of Vankoevering v New York State Canal Corp., 211 AD3d at 1302 [internal quotation marks, brackets and citations omitted]). "Whether a retirement or withdrawal from the labor market is voluntary is a factual determination to be made by the Board" (Matter of Rivera v Joseph L. Balkan, Inc., 193 AD3d 1214, 1215 [3d Dept 2021] [internal quotation marks and citations omitted]). "[T]he Board's determination of that issue will not be disturbed if supported by substantial evidence [and, to that end,] . . . as the sole arbiter of witness credibility, the Board has broad authority to resolve factual issues based on credibility of witnesses and draw any reasonable inference from the evidence in the record" (Matter of Saporito v Office of Ct. Admin., 217 AD3d 1031, 1032-1033 [3d Dept 2023] [internal quotation marks and citations omitted]).

In finding that claimant had voluntarily retired, the Board credited the opinions of claimant's pain management specialist that he had a 33.3% disability and the carrier's consultant that he had a moderate to marked disability over that of his treating orthopedist that his disability level progressively increased to 75% around the time of his retirement and required that he retire, an assessment made without an awareness of the accommodations being made in his light duty assignment. The Board noted that claimant had been able to work full time as a police officer for years after his 2010 surgery and was able to tolerate the restricted duty assignment that began in 2019, in which he was permitted to stand, walk and stretch as needed without repercussions, finding no persuasive evidence that he was having difficulty performing those duties before he retired. Contrary to claimant's argument, the Board, not the WCLJ, "is the sole arbiter of witness credibility" and "has the exclusive province to resolve conflicting medical opinions and to evaluate medical evidence before it" and "was not bound by the WCLJ's determinations" (Matter of Ghaffour v New York State Black Car Operators, 224 AD3d 1021, 1023 [3d Dept 2024] [internal quotation marks, brackets and citations omitted]). Although the WCLJ credited claimant's testimony and the treating orthopedist's finding that the light duty work was too painful and that retirement was necessary in concluding that he had involuntarily retired, the Board was entitled to draw different inferences and discount that conclusion based upon the other medical evidence and testimony and the orthopedist's concession that he was unaware that claimant was permitted [*4]to take breaks to move, stand and stretch as needed, which would alleviate his symptoms caused by prolonged periods of sitting.

We discern no error in the Board's conclusion that this case more closely resembles the facts in Employer: County of Nassau Civil Service II (2022 WL 18359761, 2022 NY Wrk Comp LEXIS 6972 [WCB No. G296 5754, Dec. 30, 2022]), than the facts in Employer: County of Nassau Civil Service I (2020 WL 6200143, 2020 NY Wrk Comp LEXIS 14471 [WCB No. G257 8586, Oct. 19, 2020]). This conclusion was based upon the Board's findings that claimant was able to perform his light duty assignment with accommodations at the time he retired, and that his treating orthopedist's opinion regarding his progressively worsening disability and inability to perform the light duty work was not credible as it was made without an understanding regarding his accommodations and conflicted with the credited opinions of his pain management specialist and the carrier's consultant and was not supported by the record. Notably, "this Court will not disturb a finding of the Board where it is supported by substantial evidence, even where[, as here,] a contrary conclusion of the WCLJ is also supported by substantial record evidence" (Matter of Ghaffour v New York State Black Car Operators, 224 AD3d at 1023-1024). Under the circumstances presented and deferring to the Board's credibility determinations, we find that substantial evidence supports the Board's finding that claimant's work-related injuries did not cause or contribute to his decision to retire and, given that he voluntarily withdrew from the labor market, claimant was not entitled to an award of reduced earnings subsequent to the date of his retirement (see Matter of Losquadro v Nassau County Police Dept., 225 AD3d at 1085). In view of the foregoing, we find no reason to disturb the Board's decision (see Matter of Farrulla v SUNY at Stony Brook, 193 AD3d 1206, 1208 [3d Dept 2021]).

Pritzker, J.P., Lynch, Ceresia and Mackey, JJ., concur.

ORDERED that the decision is affirmed, without costs.