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Where claimant's description of the circumstances of her injury differed sharply from what she told emergency medical personnel in the moments following her accident, the Board could find that the claimant had failed to establish the required causal connection between her employment and her claimed medical condition. That the employer failed to file a timely notice of controversy did not remove her burden of establishing medical causation. The employer could not submit evidence that the claimant had not sustained accidental injuries and it could not controvert her claim that the injuries did not arise out and in the course of her employment, but without medical causation established, her claim could still be denied.
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).
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See Matter of Wen Liu v. Division of Gen. Internal Medicine, Mount Sinai Sch. of Medicine, 2020 N.Y. App. Div. LEXIS 4985 (Sept. 3, 2020)
See generally Larson’s Workers’ Compensation Law, § 126.01.
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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