Opinion
93707.
Decided and Entered: December 11, 2003.
Appeal from a decision of the Workers' Compensation Board, filed December 26, 2002, which ruled that claimant voluntarily withdrew from the labor market and denied her claim for workers' compensation benefits.
John F. Clennan, Ronkonkoma, for appellant.
Cherry, Edson Kelly, Hempstead (Richard D. Guttentag of counsel), for Longwood Central School District and another, respondents.
Before: Cardona, P.J., Crew III, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
Claimant sustained an injury to her back while working as an elementary school teacher in February 1999 and was awarded workers' compensation benefits. In January 1999, approximately one month prior to her injury, claimant had sent a letter to the employer stating, "I wish to retire from the Longwood Central School District effective 7/8/99, which is the date of my fifty-fifth birthday, in order to receive the retirement incentive of 45% of base wages." The employer accepted claimant's offer and claimant, who has been unable to work since her accident, retired as planned on July 8, 1999 and began to receive a pension and Social Security benefits. Thereafter, the employer's workers' compensation carrier discontinued payment of workers' compensation benefits on the ground that claimant had voluntarily removed herself from the labor market. In support of her claim that she had never actually intended to retire, claimant testified at an ensuing hearing that prior to her accident, she had traveled to Las Vegas, Nevada and, after making inquiries, had received and accepted an informal offer for a temporary teaching position there. However, she was unable to recall the name of the school administrator she had spoken to or provide any other evidence to corroborate this claim. The Workers' Compensation Law Judge (hereinafter WCLJ) credited claimant's testimony and the uncontroverted medical evidence that she has been unable to work since her accident and found no voluntary withdrawal. The Workers' Compensation Board rescinded the WCLJ's decision after determining that the record required further development on this issue. At a second hearing, claimant testified, again without providing any corroborative evidence, that she had intended to continue working in Las Vegas. The Board reversed the WCLJ's finding of no voluntary withdrawal and rescinded all awards and fees awarded to claimant subsequent to July 8, 1999. Claimant appeals.
We affirm. "Whether a claimant has voluntarily withdrawn from the labor market is a factual issue for the Board to resolve and, if supported by substantial evidence in the record, the Board's resolution of that issue will not be disturbed" (Matter of Baumgarten v. New York State Banking Dept., 279 A.D.2d 741, 741 [citation omitted]; see Matter of Clohesy v. Consolidated Edison Co. of N.Y., 306 A.D.2d 657, 657). We find that claimant's preaccident letter to her employer notifying it of her intention to discontinue her employment in favor of receiving a pension and other financial incentives provides substantial evidence in support of the Board's determination that claimant's injury played no role in her decision to retire (see Matter of Curtis v. Dale Pipery Corp., 295 A.D.2d 836, 837; Matter of Amicola v. New York Tel. Co., 294 A.D.2d 621, 622, lv dismissed 98 N.Y.2d 764;Matter of Gotthardt v. Aide, Inc., Design Studios, 291 A.D.2d 587, 588, lv denied 98 N.Y.2d 605). As the "sole and final arbiter of whether the testimony of a particular witness is worthy of belief" (Matter of Altman v. Hazen Import Corp., 198 A.D.2d 674, 675), the Board was entitled to reject claimant's version of events in favor of the contrary documentary evidence before it, especially in light of claimant's failure to provide any confirmatory proof of her alleged job search (see Matter of Singletary v. Meloon Foundries, 302 A.D.2d 652, 653; Matter of Baumgarten v. New York State Banking Dept., supra at 741-742). As substantial evidence supports the Board's decision, it is affirmed.
Cardona, P.J., Crew III, Rose and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.