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A Board decision that disqualified an injured worker from receiving future wage replacement benefits was erroneous where the New York appellate court found that the Board’s decision had been based on speculation and conjecture. The court acknowledged that the Board had broad latitude in finding the facts, but it said there was no basis for the the Board’s conclusion that the worker’s movements, as depicted in a surveillance videotape, were inconsistent with the range of motion the worker had described for a medical professional. The Court said the Board had mischaracterized the videotape.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Matter of Persons v Halmar Intl., LLC, 2019 N.Y. App. Div. LEXIS 2766 (3rd Dept. Apr. 11, 2019)
See generally Larson’s Workers’ Compensation Law, § 39.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see