25 Apr 2021

New York: Court Says Employee Withdrew From Labor Market

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found a claimant had withdrawn from the labor market and, therefore, was not entitled to additional indemnity benefits where the Board found that the claimant failed to maintain contact with her employer following the claimed injury, failed to return to an employer-provided healthcare facility for follow-up, and failed to provide the employer with updated medical reports as to her condition. The court also stressed that although the claimant contended that she was unable to perform her job duties, her physician had concluded that she had not yet reached MMI, but that she could perform some types of work.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Rivera v. Joseph L. Balkan, Inc., 2021 N.Y. App. Div. LEXIS 2320 (3d Dept., Apr. 8, 2021)

See generally Larson’s Workers’ Compensation Law, § 84.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see