Worker's contradictory statements block establishment of claim
New York City Housing Authority, 112 NYWCLR 267 (N.Y.W.C.B., Full Board 2013).
The New York Workers' Compensation Board reversed the workers' compensation law judge's decision establishing the claim for post-traumatic stress disorder for a worker who was hit in the face by a coworker with the antenna from a radio.
What it means: In New York, where the worker's sworn statements contradict the history of the accident that she provided to her treating doctor, the doctor's opinion on causation cannot be considered.
Summary: A maintenance worker alleged that a coworker hit her in the face with the antenna from a radio during an argument. Her treating psychologist diagnosed her with post-traumatic stress disorder as a result of the assault. The board reversed the WCLJ's decision establishing the claim for PTSD. The worker testified that the radio weighed between 1 and 2 pounds, and she was hit with the antenna that was 5 to 6 inches long. She stated that she had a red mark on her cheek but was not scratched. The worker also testified that after the coworker struck her with the antenna she stepped back and told the coworker to stop.
These sworn statements by the worker contradicted the history of the accident that she provided to her treating psychologist. Therefore, the psychologist's opinion on whether the worker's PTSD was causally related to the work incident could not be considered credible. Since the worker had the burden of submitting sufficient medical evidence that she suffered from a causally related injury, the claim was disallowed.
Read more at the WorkersComp Forum homepage.
May 21, 2013
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