INSUFFICIENT PROOF OF CAUSAL CONNECTION BETWEEN JOB-RELATED STRESS AND STROKE.
The Third Department determined the evidence was insufficient to support a causal connection between job-related stress and a stroke:
As the party seeking benefits, claimant bore the burden of establishing — by competent medical evidence — a causal connection between his employment and the claimed disability … . In this regard, “[w]hile the Board cannot rely upon expert opinion evidence that amounts to nothing more than pure speculation, the Workers’ Compensation Law does not require that medical opinions be expressed with absolute or reasonable medical certainty” … . Rather, “[a]ll that is required is that it be reasonably apparent that the expert meant to signify a probability as to the cause and that his or her opinion be supported by a rational basis” … . * * * Given claimant’s multiple and independent risk factors for a stroke, as well as his physician’s equivocal testimony as to the role that stress “may” or “could” have played in contributing to claimant’s disability, the Board was free to characterize — and ultimately reject — the medical evidence offered by claimant as speculative … . Matter of Qualls v Bronx Dist. Attorney’s Off., 2017 NY Slip Op 00365, 3rd Dept 1-19-17
WORKERS’ COMPENSATION LAW (INSUFFICIENT PROOF OF CAUSAL CONNECTION BETWEEN JOB-RELATED STRESS AND STROKE)/STROKE (WORKERS’ COMPENSATION LAW, INSUFFICIENT PROOF OF CAUSAL CONNECTION BETWEEN JOB-RELATED STRESS AND STROKE)