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New York: Medical Opinions May Not Be Based Upon Mere “Possibility”

January 04, 2019 (1 min read)

Substantial evidence supported the New York Workers' Compensation Board's decision finding that the claimant did not sustain a causally-related cervical spine injury because the medical testimony contained conflicting findings as to whether the claimant's cervical spine injury was causally related to the accident, and, inasmuch as neither treating physician reviewed the claimant's medical records from his prior cervical spine surgery, the Board was entitled to reject the physicians' opinions regarding causation as mere expressions of possibility and speculation.

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 Bufearon v City of Rochester Bur. of Empl. Relations, 2018 N.Y. App. Div. LEXIS 8918 (Dec. 27, 2018)

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

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