Claim of Kwintner v. Madamoiselle Personnel
Cases that cite this one
1 later published case cites this decision.
- Rothe v. United Medical Associates (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed November 15, 2001, which ruled that claimant did not sustain a compensable injury.
Claimant filed a claim for workers’ compensation benefits after she suffered a mental breakdown allegedly as a result of her employer’s “verbal tirade” on April 18, 1996. The employer controverted the claim. Thereafter, various hearings were held during which the Workers’ Compensation Law Judge (hereinafter WCLJ) requested that claimant submit prima facie medical evidence of a causally related psychiatric injury. When claimant failed to do so, the WCLJ found that claimant had not established a psychiatric injury and closed the case. While her appeal was pending before the Workers’ Compensation Board, claimant submitted an August 13, 2001 report from her treating psychiatrist, which the Board apparently declined to consider. The Board upheld the WCLJ’s decision, resulting in this appeal.
We affirm. Based upon our review of the record, substantial evidence supports the Board’s decision that claimant did not submit prima facie medical evidence of a causally related psychiatric injury warranting an award of workers’ compensation benefits. Although the record contains voluminous medical documentation concerning the treatment claimant underwent for her psychiatric condition, these documents fail to indicate a causal relationship between such condition and the April 18, 1996 incident at work. While there is a presumption of compensability contained in Workers’ Compensation Law § 21 (1), such “presumption does not completely relieve [a] claimant of the burden to demonstrate that her injuries arose out of and in the course of her employment” (Matter of Cartwright v On
Crew III, J.P., Peters, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.