Capitan v. NewPage
April 2, 2019
CategoriesCoordination of Benefits Retirement Presumption
Wrist Paper Mill Work Restrictions Retirement Presumption
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."