Court of Appeals — Workers’ Compensation: Zamora v. New York Neurologic Associates, et al.

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New York State Court of Appeals

Workers’ Compensation

Withdrawal of Employment — Loss of Wages

Zamora v. New York Neurologic Associates, et al.
No. 55
Judge Pigott

Background: The claimant was working for the defendant when a computer monitor fell off a shelf and struck her upper back, causing significant injuries. A few months after the accident, she left her employment as she did not feel well enough to perform her duties. Thereafter, the claimant was employed on-and-off on a part-time basis, receiving Workers’ Compensation benefits for her loss of wages. The Workers’ Compensation Board had concluded that, after declaring her partially disabled, that she had not established an attachment to the labor market entitling her to continued benefits. On appeal, the Appellate Division inferred that because she did not voluntarily withdraw from the workforce, her subsequent loss of wages were attributable to her disability and reversed.

Ruling: The Court of Appeals held that the Workers’ Compensation Board was not required to infer that, because a claimant withdrew from employment due to an accident at her work place, the post-accident loss of wages was attributable to the physical limitations caused by the accident. In reversing the Appellate  Division, the Court of Appeals found that the types of work the claimant was seeking, the lack of success and the absence of evidence of attempts to find less physically taxing work, constituted relevant proof to support the board’s conclusion.

Michael F. Vecchione for the appellants New York Neurologic Associates, et al; Paul Groenwegen for the appellant New York State Workers’ Compensation Board; Robert E. Grey for the respondent