Matter of Fleming v. DOCCS Attica Corr. Facility

Summary

The New York Appellate Division, Third Department affirmed the Workers' Compensation Board's denial of a claimant's request to amend his claim to include consequential bilateral hip injuries. The court held that substantial evidence supported the Board's finding that the hip condition was not causally related to the established right foot injury and that authorization of hip replacement surgery did not constitute an admission of compensability under 12 NYCRR 324.4(d).

Holdings

1. The Workers' Compensation Board properly disallowed the amendment because substantial evidence supported its finding that claimant failed to establish a causal relationship between the bilateral hip condition and the established right-foot injury.
2. The State Insurance Fund's Level 2 authorization of left hip replacement surgery did not constitute an admission of compensability or acceptance of liability for the unestablished consequential hip injury.

Questions Presented

1. Whether substantial evidence supported the Workers' Compensation Board's disallowance of claimant's request to amend his established claim to include consequential bilateral hip injuries.
2. Whether the State Insurance Fund's Level 2 authorization of left hip replacement surgery constituted an admission or acceptance of liability for the alleged consequential hip injury.

Disposition

affirmed