Claim of Zamora v. New York Neurologic Associates

Respectfully, we dissent. In our opinion, there is a distinction between those cases where a claimant has involuntarily retired and other cases where a claimant has involuntarily withdrawn from the labor market, but has not retired. That distinction centers on when the inference that the claimant’s subsequent loss of wages was attributable to his or her disability applies. It is important to note that, where, as here, “a claimant has a permanent partial disability but there has been no finding of involuntary retirement, the claimant has an obligation to demonstrate attachment to the labor…