Appellate Division affirmed the workers’ compensation judge’s orders, granting the petitioner’s application for Temporary Total Disability benefits and denying respondent’s Request for Reconsideration.

The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified nursing assistant and, in 2019, as a home health aide for Interim Agency. Due to COVID-19, she voluntarily left her job at Complete Care due to having an immune compromised child. However, she continued to work for Interim Agency. In 2020, the petitioner enrolled at Ocean County College and, shortly thereafter, increased her hours at Interim Agency. In 2021, she lost her job when the agency closed. After a one-week job, she applied for unemployment and received payments until April 2022. She continued to look for employment while attending school as a full-time student.

In March 2022, she filed to re-open her workers’ compensation case and treated with the authorized doctor, who concluded she would likely need fusion surgery and placed her out of work. The petitioner moved for temporary and medical benefits. The respondent agreed to provide medical benefits but opposed temporary benefits. 

After the petitioner’s testimony, the judge ordered temporary benefits be paid as of April 2022 as she never voluntarily left the workforce. The respondent moved for reconsideration, which was denied, and, subsequently, filed an appeal. 

The Appellate Division affirmed the judge’s order, noting the respondent’s reliance on the petitioner’s status as a full-time student to argue voluntary unemployment was misplaced. While the petitioner was attending school, she continued to work and seek employment.
 

_{What’s Hot in Workers’ Comp, Vol. 28, No. 1, January 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}