Claim of Rondon v. Manhattan & Bronx Surface Transit Operating Authority

Claimant, a bus driver, was injured in 2007 when a passenger struck her. She testified that she did not work in any capacity from January to August 2007 and, as such, workers’ compensation benefits were awarded for that period. The self-insured employer thereafter sought to disqualify claimant from receiving benefits pursuant to Workers’ Compensation Law § 114-a, asserting that it had evidence demonstrating that she had worked during that period. The Workers’ Compensation Law Judge (hereinafter WCLJ) declined to allow the employer’s video footage into evidence unless authenticated by the…