Matter of Sachem CSD, Employer
No. 40603539
New York Workers Compensation
January 6, 2020
Date
of Accident: 03/28/2006
Issues:
Voluntary removal: attachment to the labor market; reduced
earnings
District
Office: Hauppauge
Carrier:
Sachem CSE at Holbrook, Carrier ID No.: W862882, Carrier Case
No.: 0020W30220
Claimant's Attorney: Pasternack Tilker
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 March 18, 2019.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant has demonstrated that her reduction in earnings
is due, even in part, to her work-related disability.
The
Workers' Compensation Law Judge (WCLJ) found that the
claimant reattached to the labor market as of August 15,
2017, was unattached as of December 1, 2017, reattached again
as of May 7, 2018, and remains attached to the labor market.
The
Board Panel majority found that the claimant failed to
demonstrate a relevant nexus between her work-related
disability and her unsuccessful job search, and rescinded
awards.
The
dissenting Board Panel member would find that the
claimant's disability was a limiting factor in her search
for employment and, therefore, partially responsible for her
inability to find employment in 2017.
The
claimant filed an application for Mandatory Full Board Review
on April 4, 2019, arguing that she has demonstrated a nexus
between her disability and unsuccessful job search and that
the WCLJ decision should be affirmed. The claimant contends
that the standard applied by the Board Panel majority is
impossible to satisfy and that the Board should infer that
claimant's loss of earnings are due to her disability
The
self-insured employer (SIE) filed a rebuttal on April 26,
2019, arguing that the Board Panel majority correctly found
that the claimant...
