Claim of Maye v. Alton Manufacturing, Inc.
Opinion of the Court
Claimant bears the burden of establishing that a causal relationship exists between his injury and his employment (see Matter of Norton v North Syracuse Cent. School Dist., 59 AD3d 890, 890 [2009]). Here, claimant relied on the medical report of his treating otalaryngologist, who stated unequivocally that “[claimant’s] hearing loss is 100% causally related to his job.” This opinion, based on a 2007 examination of claimant, specifically noted the lack of any causes of his hearing loss that were unrelated to his employment. The medical opinion of claimant’s treating physician was neither speculative nor a general expression of possibility (see e.g. Matter of Benjamin v Sprint/Nextel,
Lahtinen, Kavanagh, McCarthy and Garry, JJ., concur. Ordered that the amended decision is reversed, with costs, and matter remitted to the Workers’ Compensation Board for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.