Tag Archives: labor market attachment

Video: Temporary Disability and Labor Market Attachment in New York

In this video, Greg Lois provides an overview and answers questions about defenses to temporary disability and provides an update on Labor Market Attachment as a defense in New York Workers’ Compensation claims. This video is from a live webinar provided to clients on July 19, 2021.

In this video, Greg talks about:

  • Waiting Period and Payor Compliance;
  • AWW and Maximum Rate;
  • When you can stop paying Temp;
  • Labor Market Attachment.

Here’s a direct link to watch this video now: link to video (registration required).

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When Does Retirement Constitute Voluntary Withdrawal From the Labor Market?

Joseph Melchionne
Joseph Melchionne, Esq.

If a claimant in a New York State Workers’ Compensation case is receiving workers’ compensation benefits for a partial disability (whether permanent or temporary) that claimant has a persistent obligation to actively search for work that is within his or her medical restrictions as dictated by the doctors who are treating him or her. In other words, the claimant has to demonstrate an attachment to the labor market.  If the claimant has voluntarily withdrawn from the work force and cannot demonstrate an attachment to the labor market his or her benefits can been terminated or suspended.

The burden of proof regarding this defense rests upon the employer to show that the claimant receiving benefits has voluntarily withdrawn from the labor market.  To do so, the employer must compel the claimant to :

  • Demonstrate that they have looked for work in many places within their restrictions; and
  • Provide documentary evidence of an active participation in at least one New York State Department of Labor re-employment service as defined by case law.

Continue reading When Does Retirement Constitute Voluntary Withdrawal From the Labor Market?