IN RE: the Claim of Mary DANIELS (2024)

MEMORANDUM AND ORDER

Appeal from a decision of the Workers’ Compensation Board, filed March 28, 2023, which ruled, among other things, that claimant did not sustain a causally-related injury to her neck.

Claimant, a train conductor for the employer, filed a claim for workers’ compensation benefits, alleging that she suffered work-related injuries to her right shoulder, right elbow and right hand on March 4, 2022.  Based upon the medical report of claimant's treating physician, a Workers’ Compensation Law Judge (hereinafter WCLJ) found prima facie medical evidence of injuries to claimant's neck, right shoulder and right elbow.  Following a hearing, the WCLJ established the claim for causally-related injuries to claimant's right shoulder and right elbow, but found that claimant had not established a causally-related injury to her neck.  Upon review, the Workers’ Compensation Board affirmed the WCLJ's determination, and claimant appeals.

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 Sudnik v. Pinnacle Envtl. Corp., 190 A.D.3d 1067, 1068, 139 N.Y.S.3d 432 [3d Dept. 2021] [internal quotation marks and citations omitted]).  In that regard, “[a] claimant bears the burden of establishing, by competent medical evidence, a causal relationship between an injury and his or her employment” (Matter of Maldonado v. Doria, Inc., 192 A.D.3d 1247, 1248, 143 N.Y.S.3d 439 [3d Dept. 2021] [internal quotation marks and citations omitted]).  “In assessing such proof, the Board has broad authority to resolve factual issues based on credibility of witnesses and draw any reasonable inference from the evidence in the record” (Matter of Kennedy v. 3rd Track Constructors, 213 A.D.3d 1005, 1007, 182 N.Y.S.3d 803 [3d Dept. 2023] [internal quotation marks and citations omitted];  see Matter of Flores v. Millennium Servs., LLC, 215 A.D.3d 1146, 1148, 188 N.Y.S.3d 235 [3d Dept. 2023]).

Claimant presented the reports and testimony of her treating physician and the orthopedic surgeon who examined her on behalf of the employer, who both opined, as relevant here, that claimant suffered a causally-related injury to her neck as a result of the March 2022 incident.  Both medical experts indicated in their reports that claimant complained to them of pain in her right arm and neck.  The Board acknowledged, however, that claimant did not reference neck pain or any injury to her neck in either her claim for benefits or her job injury report, both of which were completed on the day of the incident.  Further, the Board noted that, when questioned by the WCLJ during the hearing, claimant denied injuring any body part other than her arm.  Deferring to the Board's credibility determinations, we find that its finding that the medical opinions of a causally-related neck injury – which were based upon a history provided by claimant – do not have a proper factual basis is supported by substantial evidence (see Matter of Flores v. Millennium Servs., LLC, 215 A.D.3d at 1148, 188 N.Y.S.3d 235;  Matter of Salas v. Tom Cat Bakery, Inc., 193 A.D.3d 1225, 1227, 147 N.Y.S.3d 154 [3d Dept. 2021]).  Accordingly, the Board's decision will not be disturbed.

ORDERED that the decision is affirmed, without costs.

McShan, J.

Egan Jr., J.P., Aarons, Pritzker and Lynch, JJ., concur.