Hamberger & Weiss LLP

Court Affirms Need for Active Participation in the Labor Market

On 8/25/16, the Appellate Division, Third Department, decided Walker v. Darcon Construction Co. At issue was labor market attachment. Claimant, a 60-year-old, signed up for the Urban League’s Mature Worker Program, which provides training to individuals age 55 and over to prepare them for the job market. Claimant was accepted into the program, but at the time of his trial testimony, had not begun classes due to a lack of funding for the agency. The claimant testified that the organization was waiting for grant money to come in before beginning his training. He made no other efforts to find employment or other vocational retraining services in the meantime. The court affirmed the Board’s finding of insufficient proof of labor market attachment. This holding reinforces the requirement for active participation in a one-stop career rehabilitation program for labor market attachment. Merely signing up and waiting is not enough.

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