HAMBERGER & WEISS LLP defeats compensable retirement claim saving municipality lifetime payments of $217,000!

HAMBERGER & WEISS LLP defeats compensable retirement claim saving municipality lifetime payments of $217,000!

Claimant, a police officer, suffered injuries to the neck, back and ribs following a motor vehicle. Claimant returned to work following the 2017 accident and retired in 2023 at the age of 44. After retiring, he began working part-time. He filed a claim for compensable retirement alleging that his decision to retire from the police force was due, in part, to ongoing limitations due to his permanent neck and back injuries. The claimant alleged that his work duties became intolerable and that he was forced to resign his position.

Our attorney successfully defended the claim for compensable retirement by taking testimony from the claimant, his supervisor and his orthopedic surgeon. We were able to prove that the claimant voluntarily separated from his employment with the municipal police force, retired following 20 years of service and that there was no documentation that the claimant had physical difficulties performing his regular job duties as a police officer.

Testimony from his supervisor showed that the claimant had expressed an intention to retire once he reached 20 years of service and that he had worked without any restrictions, complaints or changes to his duties or schedule prior to his retirement. During cross-examination of the claimant’s orthopedic surgeon, the surgeon admitted that there was no documentation in his reports or those of his assistants that the claimant was forced to retire because of his neck and back injuries.

The claimant was classified with a permanent partial disability, but the case was closed with no indemnity awards for lost wages or reduced earnings post retirement. The 25% LWEC finding would have resulted in over $217,000 in lifetime indemnity payments.

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