Wing 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
Summary from the Troubh Heisler Attorneys
Wing was working light-duty and receiving partial incapacity benefits when he retired. New Page filed a Petition for Review, seeking to terminate his partial benefits based upon the retirement presumption in §223. Judge Elwin granted the petition and terminated Wing’s incapacity benefits. Wing argued that he was forced to work beyond his restrictions prior to his retirement date, and therefore should not have been considered to be actively employed for purposes of the retirement presumption. The Appellate Division rejected this argument, and distinguished this case from Cesare v. GNP, because in that case Cesare had stopped working because of a work injury before his retirement was scheduled to begin. By contrast, Wing continue working, albeit on light-duty, right up to the date of his retirement.