Summary
The Appellate Division, Third Department affirmed a Workers' Compensation Board decision disallowing Andrew Murad's claim for workers' compensation benefits based on an alleged occupational disease involving osteoarthritis in his knees. The court held that substantial evidence supported the Board's finding that the medical evidence did not establish a recognizable causal link between Murad's knee condition and his work activities.
Holdings
- The Board properly disallowed the claim because claimant failed to establish a recognizable link between his knee condition and a distinctive feature of his employment, and substantial evidence supported that determination.
- Claimant's medical proof was insufficient because it identified only a possible causal connection and did not establish a probable causal relationship supported by a rational basis.
Questions Presented
- Whether substantial evidence supported the Workers' Compensation Board's determination that claimant failed to establish a recognizable link between his knee condition and a distinctive feature of his employment.
- Whether claimant's medical evidence established a probable, rationally based causal relationship rather than merely a possible connection between his work and his alleged occupational disease.
Disposition
affirmed
Cases Cited (7)
- Matter of Morgan v Kinray, Inc., 226 AD3d 1288, 1289-1290 [3d Dept 2024](followed)
- Matter of Kretunski v Citywide Envtl. Servs. LLC, 233 AD3d 1218, 1218-1219 [3d Dept 2024](followed)
- Matter of Lichten v New York City Tr. Auth., 132 AD3d 1219, 1219 [3d Dept 2015](followed)
- Matter of Sanchez v New York City Tr. Auth., 206 AD3d 1428, 1429, 1430 [3d Dept 2022](followed)
- Matter of Glowczynski v Suburban Restoration Co., Inc., 174 AD3d 1236, 1238 [3d Dept 2019](followed)
- Matter of Bonet v New York City Tr. Auth., 205 AD3d 1287, 1288-1289 [3d Dept 2022](followed)
- Matter of Simpson v New York City Tr. Auth., 151 AD3d 1160, 1161-1162 [3d Dept 2017](followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…