Chenango Valley CSD, 010620 NYWC, G0910941

Case DateJanuary 06, 2020
CourtNew York
Chenango Valley CSD, Employer
No. G0910941
New York Workers Compensation
January 6, 2020
          Date of Accident: 06/02/2014          District Office: Binghamton          Carrier: Chenango Valley Central, Carrier ID No.: W812079, Carrier Case No.: 0024W13161           Claimant's Attorney: Hinman Howard & Kattell           Panel: Clarissa M. Rodriguez          MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION          The Full Board, at its meeting on December 17, 2019, considered the above captioned case for Mandatory Full Board Review of the Board Panel Memorandum of Decision filed August 9, 2019.          ISSUES          The issues presented for Mandatory Full Board Review are:          1. whether the claimant involuntarily retired; and          2. whether the claimant is entitled to reduced earnings.          The Workers' Compensation Law Judge (WCLJ) found that the claimant's retirement was involuntary and that she was entitled to reduced earnings as she returned to work as a substitute teacher.          The Board Panel majority found that the claimant voluntarily retired from her job as a teacher's aide and that she was not entitled to reduced earnings.          The dissenting Board Panel member would also find that the claimant voluntarily retired but would find that she subsequently reattached to the labor market and was entitled to reduced earnings awards.          The claimant filed an application for Mandatory Full Board Review on September 6, 2019, arguing that even assuming that the claimant voluntarily retired, the claimant reattached to the labor market by subsequently obtaining a position as a substitute teacher.          The self-insured employer (SIE) filed a rebuttal on October 3, 2019, requesting that the decision of the Board Panel majority be adopted by the Full Board.          Upon review, the Full Board votes to adopt the following findings and conclusions.          FACTS          On June 2, 2014, the claimant, a special education teacher's aide, was injured when a student kicked a basketball that hit her in the back of the head. This claim is established for injuries to the head, neck, and right shoulder. The average weekly wage (AWW) has been set at $222.02.          In an RFA-1LC (Request for Further Action by Legal Counsel) filed on November 27, 2018, the claimant's attorney noted that the "[c]laimant has continuous evidence...

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