Court affirms termination of retiree’s workers’ comp benefits

On Board Online • August 20, 2012

By Aileen Abrams
Associate Counsel

In 2006, a school district health teacher sustained injuries to his head and back while attempting to break up a fight between students. Those injuries qualified him to receive workers’ compensation benefits. Following his retirement, in 2009, the district and its workers’ compensation carrier sought to suspend the teacher’s workers’ compensation benefits because he voluntarily withdrew from the labor market. The state Workers’ Compensation Board agreed, and the teacher appealed.

In Matter of Richardson v. Schenectady City School District, the Appellate Division of State Supreme Court, Third Department, affirmed. The Third Department noted that the Workers’ Compensation Board relied on a doctor’s independent medical examination and report which indicated that, while the teacher suffered from a moderate to marked disability, he was capable of working in a modified duty capacity. However, he never discussed retirement with his doctors, did not advise the district that he was retiring due to his disabilities, and never asked for accommodations to return to work with restrictions.

In addition, the retirement letter cited a favorable retirement incentive, with no reference to the teacher’s disabilities or their role in his retirement decision.