Matter of Rosario v William Carter Co.

Holding The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant sustained accidental injuries to her left foot and knee arising out of and in the course of her employment. The court found that substantial evidence, including surveillance video and medical testimony, supported the Board’s findings and its resolution of conflicting medical opinions.

The court’s words

Whether a compensable accident has occurred is a question of fact for the Board to resolve

2026 NY Slip Op 05357, at the official text

the claimant bears the burden of establishing that the subject injury arose out of and in the course of his or her employment

2026 NY Slip Op 05357, at the official text

the Board credited this proof that claimant was injured in the course of her work

2026 NY Slip Op 05357, at the official text

the Board found that the carrier had not rebutted that presumption

2026 NY Slip Op 05357, at the official text

the Board credited the opinion of an orthopedic surgeon who examined claimant at the carrier's behest

2026 NY Slip Op 05357, at the official text

the Board further credited the opinions of claimant's treating physicians that her left knee was also injured

2026 NY Slip Op 05357, at the official text

the Board's authority to resolve conflicting medical opinions and to draw reasonable inferences from record evidence

2026 NY Slip Op 05357, at the official text

we are satisfied that substantial evidence supports its findings that there were accidental injuries arising out of and in the course of claimant's employment

2026 NY Slip Op 05357, at the official text