New York: Burden Was on Claimant to Show Disability Was Factor in Her Inability to Secure Work

Where a claimant, who had not worked for three years, attended an orientation session and took classes on preparing a résumé and cover letter to assist her in finding a job and where she subsequently submitted job applications to various retail companies, she did not qualify for wage replacement benefits unless she established that her disability was a factor in her inability to secure employment. The appellate court indicated that here, given claimant's failure to meet her burden in this regard, the full Board's decision to award claimant wage replacement benefits during the period of her labor market reattachment was not supported by substantial evidence and such awards.

Thomas A. Robinson, J.D., the 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 Figueroa v Consolidated Edison Co. of N.Y., Inc., 2019 N.Y. App. Div. LEXIS 666 (Jan. 31, 2019)

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

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