Matter of Brognano v County of Oneida

Summary

The Appellate Division, Third Department affirmed a Workers' Compensation Board decision establishing a claim for a traumatic brain injury sustained by a county caseworker at work. The court held that substantial evidence supported the Board's finding that a workplace accident occurred and that the employer failed to rebut the presumption that the injury arose out of employment under Workers' Compensation Law § 21(1).

Holdings

1. The Board's finding that claimant sustained a workplace accident was supported by substantial evidence and therefore would not be disturbed.
2. The employer failed to present substantial evidence sufficient to overcome the Workers' Compensation Law § 21 (1) presumption that claimant's accidental injury arose out of his employment.

Questions Presented

1. Whether substantial evidence supported the Workers' Compensation Board's finding that claimant sustained an accidental injury at work.
2. Whether the employer rebutted the presumption under Workers' Compensation Law § 21 (1) that an accident and injury occurring during employment arose out of the employment.

Disposition

affirmed