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Recently, the Appellate Court found that a man who was found to have a permanent partial disability and retired was not eligible for disability benefits:
Danussi v. Chateaugay A.S.A.C.T.C.
He failed to alert his employers that his disability was the reason he was retiring and his doctor did not advise him to retire because of the injury. Therefore, the Court saw his retirement as a voluntary withdrawal from the labor market – rendering him unable to receive further compensation for his disability.
Markhoff & Mittman would like to remind all workers that they must inform their supervisors if they are retiring for medical purposes.
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