Matter of Rendon v Cosan Constr. Corp.

Holding The Workers’ Compensation Board properly refused to consider new documentary evidence submitted on administrative appeal without a sworn affidavit explaining its unavailability at the hearing. The Board’s determination that the claimant’s neck, back, shoulder, ankle, and knee injuries were causally connected to the work-related fall was supported by substantial evidence.

The court’s words

An appealing party who seeks to introduce additional documentary evidence in [an] administrative appeal that was not presented before the [WCLJ] . . . must submit a sworn affidavit, setting forth the evidence, and explaining why it could not have been presented before the [WCLJ]

2026 NY Slip Op 06046, at the official text

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

2026 NY Slip Op 06046, at the official text

claimant bore the burden of establishing, by competent medical evidence, the existence of a causal connection between his injury and his employment

2026 NY Slip Op 06046, at the official text