Claim of Woodworth v. Clifton Springs Hospital
In the Matter of the Claim of Lynn Woodworth v. Clifton Springs Hospital, Workers' Compensation Board
Full Opinion (html_with_citations)
Appeal from a decision of the Workersâ Compensation Board, filed August 29, 2005, which ruled, inter alia, that claimant was not entitled to an award of workersâ compensation benefits subsequent to December 5, 2003.
In March 2000 claimant, a registered nurse, sustained work-related injuries to her back and was awarded workersâ compensation benefits. She returned to work with some physical restrictions but left her employment in July 2001 when her position was made part time. Claimant accepted a supervisory position at a nursing home in October 2001, where she worked for approximately two years before she was let go for personal reasons. In November 2004 claimant was classified permanently partially disabled as a result of her back injury and awarded additional benefits. Upon the appeal of the employer and its workersâ compensation carrier, the Workersâ Compensation Board reversed, concluding that claimant did not adequately establish that her back condition was a limiting factor in her search for employment, and that she failed to conduct a reasonable and diligent search for employment within her restrictions. Claimant now appeals and we affirm.
âWhere, as here, claimantâs loss of employment is due to . . . a factor other than [her] work-related injury!, she] bears the burden of establishing by substantial evidence that [her] disability contributed to [her] continued unemploymentâ (Matter
Carpinello, J.E, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.