Claim of Saad v. Bethlehem Steel Corp.

Appeal from a decision of the Workers’ Compensation Board, filed December 22, 1980, which denied claimant’s application to reopen his case. The sole issue on this appeal is whether the decision of the board in refusing to again reopen this case was arbitrary or capricious and an abuse of discretion. These elements must be present if this court is to interfere (Matter of Eddings v Big Jim Serv. Center., 62 AD2d 1119, affd 48 NY2d 677). Furthermore, if the application to reopen is founded upon medical evidence, the board is at liberty to reject the medical opinion supporting the application…