Claim of Lombardi v. Brooklyn Union Gas Co.

Court Rules Against Retired Worker's Injury Claim

This case involved a worker named Lombardi who suffered a workplace injury in 1994 while employed at Brooklyn Union Gas Company. After his injury, Lombardi chose to retire early through the company's voluntary incentive retirement program. He later tried to claim workers' compensation benefits for his 1994 workplace injury.

The court sided with the company and upheld the Workers' Compensation Board's decision to deny Lombardi's claim. The court ruled that by voluntarily retiring through the incentive program, Lombardi had chosen to leave the workforce entirely. Because he was no longer participating in the job market, the court determined he was not entitled to workers' compensation benefits for his earlier injury.

What This Means for Workers:

This ruling shows that timing matters when filing workers' compensation claims. If you suffer a workplace injury, it's important to file your claim before making major employment decisions like early retirement. Once you voluntarily leave the workforce through retirement programs, courts may view this as giving up your right to compensation for work-related injuries. Workers should consider consulting with their union or a workers' compensation representative before accepting early retirement offers if they have pending or potential injury claims.