Claim of Pecora v. County of Westchester
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed February 4, 2003, which ruled that claimant did not sustain an accidental injury in the course of his employment and denied his claim for workers’ compensation benefits.
Claimant, employed in a waste water treatment plant by the Westchester County Department of Environmental Facilities (hereinafter employer) since 1981, filed a claim for workers’ compensation benefits in January 1999 based upon psychological injury and illness, having ceased work on September 29, 1998. He reported being harassed by supervisors, which he
We affirm, finding substantial evidence in the record to support the Board’s denial of this claim (see Matter of Bottieri v Travelers Ins., 309 AD2d 1100, 1101 [2003]). It is settled law that “ ‘a claim for work-related stress cannot be sustained absent a showing that the stress experienced by the affected claimant was greater than that which other similarly situated workers experienced in the normal work environment’ ” (id. at 1102, quoting Matter of Spencer v Time Warner Cable, 278 AD2d 622, 623 [2000], lv denied 96 NY2d 706 [2001]). Here, the Board expressly credited the testimony of the alleged harasser and the plant director in concluding that claimant’s work-related difficulties resulted from a “personality clash” between that employee and claimant which the employer attempted to rectify by placing them on different shifts in the early 1990s and, later, offering claimant a transfer, which he rejected. Claimant’s allegations of subsequent harassment were, as found by the Board, either “proven to be unsubstantiated” or “do not rise to a level greater than that which occurs in a normal work environment in this line of work.” To the extent that the Board discredited
Finally, we cannot agree with claimant’s contention that Schefflein’s testimony, finding a causal relationship between his psychological injuries and his work-related stress, constituted uncontradicted substantial evidence in support of his claim, which the Board was not free to reject (cf. Matter of Loftus v New York News, 279 AD2d 657, 659 [2001]). Schefflein’s opinion in that regard relied to a considerable degree upon the supposition that claimant’s description of events was accurate, a factual issue which the Board was entitled to resolve. Moreover, even if claimant had proven a causal relationship, the dispositive factual determination was that claimant had not sustained a compensable accidental injury (see Matter of Leggio v Suffolk County Police Dept., 96 NY2d 846, 847 [2001]; Matter of Bottieri v Travelers Ins., supra at 1102; see also Workers’ Compensation Law § 2 [7]). Thus, notwithstanding the presence of substantial evidence to support a contrary result, the Board’s determination is supported by substantial evidence and must be affirmed (see Matter of Gullo v Southern Erie Clinical Servs., 258 AD2d 689, 691 [1999]).
Cardona, P.J., Mercure, Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
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