Amendments to 2017 not retroactive if PPD claimant was not attached to labor market

Amendments to law in 2017, which relieved a PPD claimant from demonstrating LMA  after classification are retroactive if the employee is found attached at the time permanency is established, applies retroactively to a claimant classified with a PPD prior to the amendment if the claimant involuntarily withdrew from the labor market (i.e. – retired due to disability), See O’Donnell v. Erie County, 162 AD3d 1280 (3rd Dept. 2018), but does not apply retroactively to relieve a claimant who was found to be unattached to the labor market from having to demonstrate attachment to the labor market to be entitled to benefits.

Scott v. Visiting Nurses Home Care, http://decisions.courts.state.ny.us/ad3/Decisions/2019/527808.pdf.

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