New York: 19-Month Delay in Seeking Treatment, Coupled with Inadequate Medical Evidence Supports Board’s Denial of Benefits

Substantial evidence supported a decision by New York’s Workers’ Compensation Board that denied benefits to a claims examiner who contended she suffered a shoulder injury in a work-related fall at her office where she waited 19 months before seeking medical treatment and acknowledged that she suffered from preexisting physical issues as well. Observing that the claimant had waited to file her claim and had introduced only cursory and inadequate medical forms that did not speak of causation, the appellate court said the Board was justified in finding that the claimant had failed to show a true connection between her alleged condition and the workplace.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and 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 Richman v. New York State Workers' Compensation Bd., 2021 N.Y. App. Div. LEXIS 6429(3d Dept. Nov. 18, 2021)

See generally Larson’s Workers’ Compensation Law, § 128.05.

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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