Observing that in New York, the issue of voluntary retirement and/or withdrawal from the labor market were factual issues to be determined by the Board, and that the Board had...
NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor Market NY Worker’s Failure to Stay in Touch With Employer Results in Finding that Worker Withdrew From Labor MarketWhere an employee retired in 2014, and was determined to be disabled by an occupational disease in 2016, at which time his employer had no workers’ compensation policy in effect–and...
NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy LapsedA county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...
Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After RetirementIn a case in which the original work-related injury occurred two decades before the appellate decision, a Florida appellate court held that a JCC erred in focusing on a claimant's...
Florida Employee Awarded PTD Benefits 17 Years After Retirement Florida Employee Awarded PTD Benefits 17 Years After RetirementEvidence that an injured worker attended his employer’s “Attrition Plan” meeting and signed forms related to the employer’s “Special Attrition Plan,” that provided for, among other things, a lump sum...
Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability Benefits Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability Benefits