New York Workers’ Compensation Appellate Roundup – May 22, 2025

There was a lone workers’ compensation case reported today by the 3^rd Dept.:

Balseca v. Hudson Concrete Inc.: Here, the Law Judge found in favor of the Carrier and disallowed the claim. The Carrier controverted a claim alleging injuries to the neck, back, right arm, right shoulder, right elbow, right wrist, both hips, and both legs from falling off a ladder. The Carrier raised causal relationship as the primary defense.

The Law Judge found Claimant’s version incredible. Claimant testified he fell 4 feet from a ladder that wobbled. The accident happened right before his shift ended. He went home without telling his supervisor because he feared being fired. Claimant testified he went to the hospital the next day after waking up in a lot pain. The next day he sent a certified letter notifying the employer about the injury. The supervisor testified that Claimant told him that he was quitting his job before he went home – without saying anything about a fall.  Then the Board Panel reversed the Law Judge.

There was no discussion about why the Board Panel reversed the Law Judge, but the 3^rd Dept. affirmed and held that the Board had enough evidence to justify their decision. This decision demonstrates that a win before the Law Judge can be relatively easily overturned by the Board Panel.