Matter of Mulligan v Moy Constr. Corp.

Holding The Appellate Division affirmed the Workers’ Compensation Board’s decision establishing a causal relationship between the claimant’s heart attack and his employment, noting that the carrier’s untimely notice of controversy barred it from disputing the claimant’s evidence. The court held that the Board’s factual finding, based on credible medical evidence and witness testimony regarding physical exertion, was supported by the record.

The court’s words

the carrier was barred from pleading that no employer-employee relationship existed, that no accident occurred and that there was no injury arising out of and in the course of the employment

2026 NY Slip Op 05831, at the official text

The carrier's failure to timely file a notice of controversy requires the Board to determine, without regard to the carrier's proof, whether claimant demonstrated that the injury was work-related

2026 NY Slip Op 05831, at the official text

we discern no basis upon which to disturb its factual finding that there was sufficient, unrebutted and credible medical evidence to support a finding of a causal relationship

2026 NY Slip Op 05831, at the official text