Legal Opinion
Claim of Browne v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 2009PublishedCited by 7 opinions
1Opinion of the CourtStein, J.
Appeal from a decision of the Workers’ Compensation Board, filed July 31, 2008, which ruled that there was no prima facie medical evidence of a causally related injury.
Claimant, a railroad track employee, was bending down to pick up a rail flag when he began experiencing weakness on the left side of his body. He went to the hospital the next day and was diagnosed with having suffered a stroke. Thereafter, claimant submitted an application for workers’ compensation benefits, asserting that his stroke arose out of and in the course of his employment. The self-insured employer challenged that…
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