Matter of Alexander v New York City Dept. of Homeless Servs.

Holding The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant did not sustain a permanent total disability, finding that substantial evidence supported the conclusion that he was capable of performing sedentary work. The court also upheld the Board’s denial of the claimant’s application for reconsideration, determining that the claimant failed to demonstrate newly discovered evidence or a material change in condition.

The court’s words

a permanent total disability is established where the medical proof shows that a claimant is totally disabled and unable to engage in any gainful employment

2026 NY Slip Op 05358, at the official text

the ultimate determination of total disability lies with the Board

2026 NY Slip Op 05358, at the official text

To succeed on such an application, the applicant must demonstrate that newly discovered evidence exists, that there has been a material change in condition

2026 NY Slip Op 05358, at the official text

the opinions relied upon must themselves constitute substantial evidence to support the Board's decision

2026 NY Slip Op 05358, at the official text