Legal Opinion
Claim of Richman v. NYS Unified Court System
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 10 opinions
1Opinion of the CourtEgan Jr., J.
We affirm. Pursuant to Workers’ Compensation Law § 21 (1), a presumption of compensability exists where, as here, an unwitnessed or unexplained injury occurs during the course of the affected worker’s employment (see Matter of Brown v Clifton Recycling, 1 AD3d 735, 735 [2003]). “The employer may overcome the presumption by presenting substantial evidence to the contrary” (Matter of Steadman v Albany County, 84 AD3d 1649, 1650 [2011] [internal quotation marks and citations omitted]).
Here, we find no basis upon which to disturb the Board’s conclusion that the employer did not present sufficient…
2Cases cited3 opinions
- Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Claim of Musa v. Nassau County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Steadman v. Albany CountyAppellate Division of the Supreme Court of the State of New York · 2011
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- Claim of Savage v. American Home Care Supply, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Claim of Savage v. American Home Care Supply, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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