City of Newburgh, Employer
No. G1202663
New York Workers Compensation
November 21, 2017
Date
of Accident: 12/09/2014
Issue:
Voluntary removal: labor market attachment
District
Office: Albany
Carrier:
NY Municipal WC Alliance, Carrier ID No.: W848139, Carrier
Case No.: CNEW-021-14
Claimant's Attorney: Ouimette Goldstein & Andrews LLP
Panel:
Clarissa M. Rodriguez
MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF
DECISION
The
Full Board, at its meeting on October 17, 2017, considered
the above captioned case for Mandatory Full Board Review of
the Board Panel Memorandum of Decision filed February 8,
2017.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant was attached to the labor market as of September
26, 2016.
The
Workers' Compensation Law Judge (WCLJ) found that the
claimant was not attached to the labor market because he did
not perform his own work search and instead delegated this
responsibility to his family in a manner that was more than
merely seeking assistance from relatives.
The
Board Panel majority affirmed the WCLJ decision.
The
dissenting Board Panel member would find that the claimant
was attached to the labor market, and would reverse the
WCLJ's findings.
The
claimant filed an application for Mandatory Full Board Review
on March 6, 2017, arguing that he performed a sufficient work
search, and the fact that the claimant needed help to perform
it is not relevant. The carrier's rebuttal asserts that
the Board Panel majority correctly determined that the
claimant did not perform a meaningful, diligent and
persistent search for work.
The
carrier filed a rebuttal on March 28, 2017, asserting that
the Board Panel majority correctly determined that the
claimant did not perform a meaningful, diligent and
persistent search for work.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
Claimant,
a sanitation worker, was injured on December 9, 2014, when he
slipped and fell on ice. This claim is established for...
