Casey v. NewPage

Insurance Company

Sedgwick Claims Management Services

Date Decided

March 22, 2016

Panel Members

Timothy Collier

Glen Goodnough

Mike Stovall


Retirement Presumption


Retirement Presumption Work Restrictions Actively Employed

File Size

157 KB


Summary from the Troubh Heisler Attorneys

Appellate Division upheld the application of the retirement presumption. Casey had a work injury but was working full time at regular duty at the time she retired and began receiving a company pension. She argued that she was not "actively employed" at the time of retirement because she was working beyond her injury-related restrictions, and that her decision to continue working for financial reasons despite her injuries constituted force or coercion by the employer. The panel upheld Judge Knopf’s rejection of those arguments and denial of incapacity benefits.

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