Decided: January 23, 2017
Topic: Retirement Presumption
In this recent Appellate Division decision, the retirement presumption in §223 of the Workers’ Compensation Act was addressed. For those unfamiliar with this particular section of the Act, the retirement presumption stands for the premise that upon retirement from active employment, when receipt of retirement benefits begins, it is presumed a loss of earnings does not exist. The employee may rebut this presumption with a preponderance of evidence for total incapacity, but should they fail, entitlement to incapacity benefits will be denied.