Claim of Smith v. Steuben County Highway Department

Mercare, J. P.

Appeal from a decision of the Workers’ Compensation Board, filed February 21, 1992, which ruled that claimant sustained an accidental injury in the course of her employment and awarded workers’ compensation benefits.

We reject the employer’s contention that there is not substantial evidence in the record to support the determination that sexual discrimination and harassment levied against claimant at work precipitated an anxiety neurosis disorder, constituting an accidental injury. Claimant, qualified as a motor equipment operator but employed as a flagger, testified that she was…