Zamora v. New York Neurologic Associates, 17 N.Y.3d 186 (2011)
In workers’ compensation cases involving permanent partial disability, the Workers’ Compensation Board is permitted, but not required, to infer that a claimant’s subsequent loss of wages is attributable to physical limitations caused by the workplace accident; the Board must consider all relevant factors when determining causation.
Summary
Rocio Zamora, a phlebotomist, suffered a workplace injury. After returning to full-duty work, she later quit due to various health issues, some related and some unrelated to the accident. She sought workers’ compensation benefits, but the Board denied her claim, finding she hadn’t conducted a reasonable job search consistent with her restrictions. The Appellate Division reversed, inferring that her loss of wages was attributable to her disability. The Court of Appeals reversed, holding that the Board is not required to draw that inference and that substantial evidence supported the Board’s finding that Zamora did not conduct a reasonable job search.
Facts
Rocio Zamora, a phlebotomist for New York Neurologic Associates, was injured when a computer monitor fell on her. She suffered a torn tendon and herniated discs. She took time off work and received benefits. Zamora returned to full-duty work but quit again later due to migraines, numbness, and back pain, some of which were related to the original accident. She sought work, but had difficulty finding a job due to physical limitations.
Procedural History
A Workers’ Compensation Law Judge found Zamora had not voluntarily removed herself from the labor market. The insurance carrier sought review. The Workers’ Compensation Board denied Zamora’s claim, stating she failed to conduct a reasonable job search. The Appellate Division reversed, inferring causation between her disability and wage loss. The Court of Appeals granted review and reversed the Appellate Division’s order.
Issue(s)
Whether the Workers’ Compensation Board must infer, from the finding that a claimant withdrew from her employment due to an accident at her workplace, that her post-accident loss of wages is attributable to physical limitations caused by the accident.
Holding
No, because the Workers’ Compensation Board is permitted, but not required, to infer that a claimant’s subsequent loss of wages is attributable to physical limitations caused by the workplace accident.
Court’s Reasoning
The Court of Appeals stated that the Board must resolve whether a claimant has maintained a sufficient attachment to the labor market, demonstrating that the cause of their reduced income is a disability, not an unwillingness to work. The Court clarified that the Board may infer causation from a disability-related withdrawal, considering the nature of the disability and the claimant’s work. The Court rejected the Third Department’s view that the Board *must* find causation, stating that this view “effectively created [a] . . . presumption out of an inference”. The Court emphasized that its holding prevents shifting the burden of proof from claimant to employer. The Court also found substantial evidence supported the Board’s finding that Zamora had not made a reasonable search for work consistent with her physical restrictions. The dissent argued that an inference of loss in wage earning capacity arises where the claimant left their job because of the disability and the burden shifts to the employer to rebut that inference.