Costales v. SD Warren
December 11, 2013
§223 Retirement Presumption Paper Mill Res Judicata Change in Medical Circumstances
Summary from the Troubh Heisler Attorneys
Costales apparently injured himself at work and received benefits pursuant to decree. He subsequently had a surgery and filed a Petition for Review, which Judge Collier granted awarding him total incapacity benefits. SD Warren appealed, apparently arguing res judicata and retirement presumption. The Appellate Division affirmed the decision in summary fashion, holding that a subsequent surgery is a "change of medical circumstances," sufficient to reopen a prior payment scheme, and that Costales proved that he was totally disabled, rendering the retiree presumption in §223 inapplicable.