Hallock v. NewPage
Sedgwick Claims Management Services
March 7, 2016
CategoriesFindings of Fact Findings of Fact Board IME Retirement Presumption
Modified Duty Partial Incapacity Retirement Retirement Presumption Cesare v. Great Northern Paper Actively Employed
Summary from the Troubh Heisler Attorneys
Hallock was working light-duty because of a work injury when he retired, but he first took all of his unused vacation time. Hallock argued that this case was like Cesare, as Hallock had stopped working before his retirement. Judge Jerome denied his request for ongoing partial incapacity benefits, finding that, despite Hallock taking his vacation time before his actual retirement, the §223 presumption applied. The Appellate Division majority upheld Judge Jerome's decision, but Judge Stovall dissented, pointing out that Hallock was not "actively employed" when he actually retired.