An employer who did not submit paperwork in a timely manner against a program analyst's compensation for workers claimed that she fell and injured herself at work did not automatically mean that the injury was compensable, a New York court of appeal ruled on Thursday.
Wen Liu filed her claim two years after a fall at work in 2008, which she said was caused by her "becoming dizzy" and resulting in head, neck and wrist injuries, according to documents in In the Matter of Wen Liu's statement against the Division of General Internal Medicine, Mount Sinai School of Medicine, et al., Workers' Compensation Board filed in the Appeals Division of the Supreme Court of New York, Third Division, in Albany.
The employer, Mount Sinai School of Medicine failed to file an early controversy and was barred by state law from providing evidence that Liu did not receive accidental injuries or that the alleged injuries did not occur by and during her employment, according to documents.
Nevertheless, a judge of the Workers' Compensation Act found "that the applicant had not shown a causal link between her injuries and her employment and rejected the claim." The Workers' Compensation Board confirmed the decision, as did the Board of Appeal on Thursday.
The court cited evidence that during her emergency room after her fall and subsequent doctor's visits, Liu did not mention that she lost consciousness and mentioned that she had suffered from chronic numbness in her arm and neck for five years, according to documents.
"In view of the above, substantial evidence supports the Board's rejection of the applicant's medical evidence as unworthy of believing, and its decision that the plaintiff was not injured in a work ̵