Bryant v. New York Transit Authority
The case concerns cross-appeals from decisions by the Workers' Compensation Board regarding a bus driver's involuntary retirement and lost earnings. The claimant suffered a seizure and physical injuries, leading to disability retirement. The Board initially found involuntary retirement due to permanent partial disability but shifted the burden to the claimant to prove subsequent lost earnings were causally related to his disability after May 13, 2004, concluding his failure to seek work caused the loss. The appellate court reversed, holding that the Board erred in shifting the burden to the claimant, as an involuntary retirement due to a permanent partial disability infers post-retirement lost earnings are due to that disability. The court emphasized that merely not seeking work post-retirement does not defeat this inference or shift the burden. The case was remitted to the Workers' Compensation Board for further proceedings.