Capitan v. NewPage

Insurance Company

Sedgwick CMS

Date Decided

April 2, 2019

Panel Members

Timothy Collier

Tom Pelletier

Mike Stovall


Coordination of Benefits Retirement Presumption


Wrist Paper Mill Work Restrictions Retirement Presumption

File Size

174 KB


Summary from the Troubh Heisler Attorneys

Ms. Capitan injured her wrists and shoulders at work but returned to full-time modified work with restrictions. She then retired and received non-disability pension from Newpage. She filed petitions for restoration and review, and Newpage raised the retirement presumption. Ms. Capitan argued that the retirement presumption did not apply, because she had not retired from "active employment" -- instead, she retired only because she could no longer perform her regular work duties.

Judge Knopf applied the retirement presumption and denied Ms. Capitan’s petitions, finding that she failed to rebut the presumption that she was unable to perform work suitable to her qualifications. Ms. Capitan appealed the decision, but the Appellate Division panel affirmed it, finding no error in the application of the retirement presumption, since the employee was working at the time she retired, albeit with restrictions at a light-duty job, and "no doctor had taken her out of work."

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