Summary
The New York Appellate Division, Third Department, reversed a Workers’ Compensation Board determination awarding reduced earnings benefits to an employee who retired after developing reactive airway disease from workplace dust exposure following the September 11 attacks. The court held that, after voluntarily retiring, the claimant had to show that his reduced earning capacity resulted from his disability rather than age, economic conditions, or other factors, and remitted the matter for further proceedings.
Court
Supreme Court of the State of New York, Appellate Division, Third Department
Jurisdiction
New York
Decision date
December 10, 2009
Disposition
reversed_and_remanded
Questions Presented
- Whether a voluntarily retired claimant seeking a reduced earnings award must demonstrate that he attempted to obtain employment consistent with his disability-related restrictions.
- Whether claimant established that his reduced earnings resulted from his disability rather than age, economic conditions, employer needs, or other unrelated factors.
- Whether the Workers' Compensation Board's reduced earnings award was supported by substantial evidence.
Holdings
- A claimant who voluntarily retires must, before receiving a reduced earnings award, demonstrate that he attempted to obtain employment that accommodated the restrictions caused by his disability and that the disability adversely affected his earning capacity and ability to obtain comparable employment.
- A claimant is not entitled to a reduced earnings award without evidence that the reduction in earnings is attributable to the disability rather than age, economic conditions, employer needs, or other unrelated factors.
Court Document
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