New York: Medical Evidence Must Show More than Possible Connection Between Injury and Employment

Where claimant's physician testified that it was "difficult to determine" when claimant's meniscus tear occurred and that there was "a strong possibility" that something which happened at work could have exacerbated claimant's chronic condition, such medical testimony was too tenuous to support an award. Claimant had to show more than a mere possibility; there had to be some showing of an actual causal relationship between the employment and the medical condition for which the claimant sought benefits.

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 Johnson v. Borg Warner, Inc., 2020 N.Y. App. Div. LEXIS 4991 (Sept. 3, 2020)

See generally Larson’s Workers’ Compensation Law, § 130.06.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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