Matter of Schmerler v Longwood Sch. Dist. |
2018 NY Slip Op 05544 [163 AD3d 1373] |
July 26, 2018 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of the Claim of Susan Schmerler,
Appellant, v Longwood School District et al., Respondents. Workers' Compensation Board, Respondent. |
Turley, Redmon, Rosasco & Rosasco, LLP, Ronkonkoma (John F. Clennan, Ronkonkoma, of counsel), for appellant.
Foley, Smit, O'Boyle & Weisman, Hauppauge (Theresa E. Wolinski of counsel), for Longwood School District and another, respondents.
Clark, J. Appeals (1) from a decision of the Workers' Compensation Board, filed March 14, 2017, which denied claimant's request to amend her claim to include bilateral hip and knee injuries, and (2) from a decision of said Board, filed June 26, 2017, which denied claimant's application for reconsideration and/or full Board review.
Claimant, a school security guard, established a claim for work-related injuries to her neck, back and both hands as a result of restraining a special needs student on September 13, 2013. Thereafter, claimant sought to amend the claim to include bilateral hip and knee injuries. Following a hearing, a Workers' Compensation Law Judge found that there was insufficient evidence regarding causal relationship with respect to those injuries and disallowed the amendment to the claim. The Workers' Compensation Board affirmed and subsequently denied claimant's application for reconsideration and/or full Board review. Claimant appeals from both Board decisions.[FN*]
We affirm. "The Board is empowered to determine the factual issue of whether a causal
relationship exists based upon the record, and its determination will not be disturbed when
supported by substantial evidence" (Matter of Park v Corizon Health Inc., 158 AD3d 970, 971[*2][2018] [internal quotation marks and citations omitted], lv
denied 31 NY3d 909 [2018];
McCarthy, J.P., Egan Jr., Lynch and Pritzker, JJ., concur. Ordered that the decisions are affirmed, without costs.