Legal Opinion · Dissent

Claim of Tucker v. City of Plattsburgh Fire Department

Appellate Division of the Supreme Court of the State of New York

Decided August 3, 2017No. 523561Published

1DissentEgan Jr., J.

As the majority correctly notes, although the Workers’ Compensation Board “cannot rely upon expert opinion evidence that amounts to nothing more than pure speculation, the Workers’ Compensation Law does not require that medical opinions be expressed with absolute or reasonable medical certainty” (Matter of Qualls v Bronx Dist. Attorney’s Off., 146 AD3d 1213, 1214 [2017] [internal quotation marks and citations omitted], lv denied 29 NY3d 906 [2017]). Rather, when seeking to establish a causal connection between a claimant’s employment and the asserted disability, “all that is required is that…

2Cases cited1 opinion

  1. Matter of Qualls v. Bronx District Attorney's OfficeAppellate Division of the Supreme Court of the State of New York · 2017

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