Associate Attorney Denied Workers Compensation Benefits

Worker compensation benefits were denied to a former associate attorney and that action was affirmed by the New York Appellate Division for the Third Judicial Department

Claimant worked as an associate attorney for the employer, a law firm in New York City. In January 2018, she had hip replacement surgery and was granted a medical leave of absence. Prior to the surgery, her legal duties consisted primarily of transactional work, such as real estate closings, that she performed in the employer’s office. During the time that claimant was out on medical leave, the employer found it necessary to hire another attorney to handle the transactional work. When claimant returned to work in early May 2018, her legal duties had changed and, during her first week back, she spent most of her time appearing in court at various locations throughout the city. In addition, she scheduled her physical therapy appointments at times during the work day that were not satisfactory to the employer. One week after claimant returned to work, she resigned from her position.

On appeal of the denial

Claimant testified that she returned to work with a cane and had difficulty traveling to court appearances carrying files and using public transportation. She also stated that the
employer took issue with her scheduling of physical therapy appointments during the work day and reprimanded her for going to such an appointment on one occasion after she finished a court appearance. According to claimant, she resigned from her position because she was no longer doing the transactional work, which was less physically taxing given her mobility problems, and she perceived the work environment to be hostile considering the employer’s attitude toward her physical therapy appointments. Claimant, however, conceded that she never told the employer that she had a medical condition making it hard for her to go to court, and her physician did not indicate that she had any specific medical restrictions. Likewise, representatives for the employer stated that claimant never disclosed that she had any medical restrictions despite their
requests for such information. Given the absence of documentation substantiating claimant’s medical restrictions (see Matter of Skura [Commissioner of Labor], 116 AD3d 1330, 1331 [2014]) or any indication that the employer had notice of such restrictions and was provided an opportunity to accommodate them (see Matter of Roberson [Commissioner of Labor], 142 AD3d at 1261), substantial evidence supports the Board’s finding that claimant left her job for personal and noncompelling reasons. We have considered claimant’s remaining contentions and find them to be unpersuasive.

(Mike Frisch)