NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - CAPABILITY OF EMPLOYMENT - CASE NO. 6

This is another old Appeal Board case but again illustrates the capability issue - here the claimant was retired due to a disability and was on pension but was denied disability insurance from his insurance carrier - again this case is from the NYS UI AB Electronic Interpretation Service:

"Appeal Board Case 1311-39

CAPABILITY - SERIOUS HEALTH AILMENT - RETIRED ON DISABILITY PENSION FROM EMPLOYER

A claimant with a serious heart ailment who cannot perform any work which there is a reasonable probability of obtaining, is not capable of employment within meaning of Section 502.10.

Referee’s Decision: Claimant was not capable of employment. (September 6; 1939)

Appeal by: Claimant

Findings of Fact: Claimant, 61 years of age, worked as an inspector and field man for a Utility concern. In January 1936, he suffered a heart attack, which was diagnosed as coronary thrombosis and remained away from work until April. He was absent again from May to November 1936. In October 1937 claimant was examined by a company physician and was there- upon retired for disability with a life pension. Claimant visited the local office first in March 1938 and was then informed that he was not eligible for benefits because he was drawing a life pension. In March 1939, he read in a newspaper that receipt of pensions was no bar to benefits, but at the time, he was in the country because of his heart trouble and he did not register until two months later.

Issue: whether claimant was capable of employment.

Appeal Board Opinion: Claimant has been suffering from a serious heart ailment with complications; his medical History proves him to have been incapable of any employment which there was a reasonable probability of obtaining from the time he was retired for disability with a life pension. Claimant testified that an insurance company denied his application for disability benefits in 1938, but in view of the facts herein little weight can be attached to an insurance company's resistance to his claim based on a policy issued to him.

Decision: Claimant was incapable of employment. Decision of the Referee affirmed."