Denise Petrillo, a funeral director, injured her back and left knee while at work and was out for a month before returning to "light duty." She later filed a claim for workers' compensation and was awarded benefits.
Two years later, Denise was terminated due to "downsizing." And, as a result of her permanent disability, opted to pursue training as a paralegal.
When her former employer -- Walter B. Cooke -- later filed a request to suspend or reduce her disability payments, because she had voluntarily withdraw from the workforce, a Workers' Compensation Administrative Law Judge sided with Cooke and ended payments.
On appeal, the Appellate Division, Third Department, agreed that Denise had opted not to work after earning her paralegal degree because she want to care for an elderly relative. (Denise was also unable prove that her inability to find employment stemmed from the injury.)
Will that die there?
To view a copy of the Appellate Division's decision, please use this link: Matter of Petrillo v. Cooke