Former officer fails to prove entitlement to reduced earnings after retirement
Case name: Hamill vs. Orange County Sheriff Department, 120 NYWCLR225 (N.Y. App. Div. 2021).
Ruling: In affirming, the appellate division held that substantial evidence supported the board ruling that the claimant, a police officer who voluntarily really voluntarily retired in September 2017, was not entitled to an award of reduced earnings after re-attaching to the labor market in November 2018.
What it means: Where the evidence establishes that the claimants’ decision to retire was influenced by economic factors, including retirement incentive package offered by the employer, and the claimant was able to perform administrative work required of his job as a police captain for many years after sustaining his work injury, sufficient support exists for the determination that his earnings capacity and ability to secure comparable post-injury employment was not adversely affected by his disability.